Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3928 of 2022 ====================================================== Abhay Kumar Son of Om Prakash, resident of Road No. 1 F, Near Om Anand Vihar Apartment, Vidyut Board Colony, Opposite Energy Park, P.O. and P.S.- Shastri Nagar, District - Patna, Pin Code - 800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

Chief Secretary-Cum-Chairman of Executive Committee, Bihar Vikash Mission, Government of Bihar, Patna.

3.

Additional Chief Secretary, Cabinet Secretariat Department, Bihar, Patna. 4.

Development Commissioner, Bihar -cum-Chairman of Sub Mission, Bihar Vikash Mission, Government of Bihar, Patna.

5.

Chief General Manager, Bihar Vikash Mission, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raushan For the Respondent/s :

Smt. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 23-03-2022 Heard learned counsel for the parties.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the provisional list of eligible candidates dated 05/03/2022 published on the website of Bihar Vikash Mission, Cabinet Secretariat Department, Bihar, Patna pursuant to the advertisement dated 17/01/2022 bearing memo no. BVM/ Rec (01)-05/2021-43 against the post of Legal Officer in Bihar Vikash Mission;

Patna High Court CWJC No.3928 of 2022 dt.23-03-2022 2/3 (ii) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing that part of the job description which prescribes essential qualification to be an graduate in law from any National Law University for the persons who are applying against the post of Legal Officer under the advertisement dated 17/01/2022 issued by the Bihar Vikash Mission, Cabinet Secretariat Department, Bihar, Patna.

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Bihar Vikash Mission, Cabinet Secretariat Department, Bihar, Patna to allow the petitioner to participate in the process of interview which is about to be conducted in near future by Bihar Vikash Mission for the post of Legal Officer along with other posts under the aforesaid advertisement dated 17/01/2022;

(iv) Any other reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

Prime facie, the present petition is premature since the petitioner's grievance is against provisional select list to the

Patna High Court CWJC No.3928 of 2022 dt.23-03-2022 3/3 post of Legal Officer in Bihar Vikash Mission. Learned counsel for the petitioner submitted that against the provisional list of eligible candidates dated 05.03.2022 which was notified in the website, petitioner has submitted objection and it has not attained finality. The concerned authority is hereby directed to finalize the provisional list of eligible candidates for the post of Legal Officer after due consideration of petitioner's objection. If it is not finalized, the same may be finalized within a period of two months from the date of receipt of this order.

With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.03.2022 Transmission Date NA