Manohar Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4102 of 2025 ====================================================== 1.
Manohar Manjhi S/o Saheju Manjhi, R/o- Sawanahi Jagdish, P.O. and P.S.- Bathuwa Bazar, Gopalganj, Bathubazar, Bihar, 841425. 2.
Shusmita Kumari W/o- Mithlesh Kumar Ojha, R/o- P.O- Semariya, P.S.- Shahpur, Semariya Patli Ojha, Bhojpur, Bihar- 802165. 3.
Md. Sameer Alam S/o- Abdul Sattar, R/o Village- Choti Chilmara, Choti Chilmara, Jama Masjid P.S.- Sirnia, District- Katihar, Bihar-854103. 4.
Sonu Kumar S/o Upendra Sharma, R/o- Kab Kab, P.S.- Dulhin Bazar/ Raniya Talab, District- Patna, Bihar-801104.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, General Administration Department, Government of Bihar, Patna.
3.
The Principal Secretary, Water Resources Department, Government of Bihar, Patna.
4.
The Bihar Technical Service Commission, through its Secretary, 19, Harding Road, Patna.
5.
The Chairman, Bihar Technical Service Commission (in short BTSC), 19, Harding Road, Patna.
6.
The Om Prakash Jogendra Singh University (O.P.J.S. University), Chiru, Rajasthan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Vikram Rana, Advocate For the Respondent/s :
Dr. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2/4 18-03-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the State and Learned Counsel for the Bihar Technical Service Commission.
2. The present writ petition has been filed for quashing the Commission's remark, which is Annexure-P/1, issued on the portal of each petitioner by the Bihar Technical Service Commission (hereinafter referred to as the 'BTSC') with regard to Advertisement No.01/2019 issued for all these petitioners, who had been called for counseling by BTSC on 29th November, 2024 and on 30th November, 2024.
3. Learned Counsel for the petitioners submits that the petitioners have completed their Diploma in Civil Engineering from the OPJS University, Churu, Rajasthan. The BTSC without receiving the verification has rejected the candidature of the petitioners on the grounds mentioned in Annexure-P/1. He submits that the decision of the Commission is not in accordance with law and submits that he ought to withdraw the said remarks as such type of remark is acceptable only when the proper verification has been received from the said OPJS University, Churu, Rajasthan.
4. Learned Counsel for the BTSC, on the other hand, submits that the Commission is a public body and the authorities
3/4 of the Commission have made this remark which is as follows: - Counsel submits that since the degree of Diploma in Civil Engineering has been declared illegal/not valid, then in that case the Commission is not ready to accept the candidature of the petitioners.
4/4
5. Upon the specific query from the petitioners on the said remark that what are the petitioners' stand on the said remark. Counsel for the petitioners has not made any denial on the said remark rather he came forward with the pleading that Commission is not entitled to make such remark.
6. This Court, at this juncture, cannot accept the pleading of the petitioners, more particularly, when a public office has made a particular remark/ground for rejection of the candidature of the petitioners. In view of this Court, the only option left to the petitioners is to verify the truthfulness of the said remark and, then, come forward to this Court. Therefore, at this juncture, this Court is of the firm opinion that there is no need of any interference by virtue of entertaining the writ petition. Accordingly, the writ petition stands dismissed. Mkr./- (Dr. Anshuman, J) U