Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4066 of 2025 ====================================================== 1.

Manoj Kumar S/o- Late Rameshwar Prasad, R/o- Parsotiya Water Filter Road, Ramnagar, Near Dinesh Steel Factory, P.S.- Ramgarh, DistrictRamgarh (Jharkhand) at present H/o- Maghu Ram Near Niranjan Bigha, Kali Mandir, Dehri-on-Sone, P.S.- Dehri, District- Rohtas. 2.

Ranjit Chandra, S/o- Arunjay Prasad, R/o- Village and Post- Ketaki, P.S.- Deo, District-Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3.

The Bihar Technical Service Commission, 19 Harding Road, Patna, through its Secretary.

4.

The Incharge Secretary, Bihar Technical Service Commission, 19 Harding Road, Patna.

5.

Raghvendra Kumar, Reg. No.- BR00150010065700 (UR), through B.T.S.C., 19 Harding Road, Patna.

6.

Md. Giyasuddin, Reg. No.-BR00150010037417 (EBC), through B.T.S.C., 19 Harding Road, Patna.

7.

Alok Ranjan, Reg. No.-BR00150010023248 (UR), through B.T.S.C., 19 Harding Road, Patna.

8.

Sachin Kumar, Reg. No.-BR00150010014650 (EBC) through B.T.S.C., 19 Harding Road, Patna.

9.

Pramod Kumar, Reg. No.-BR00150010051958 (UR) through B.T.S.C., 19 Harding Road, Patna.

10.

Rishikesh Kumar Jwala, Reg. No.-BR00150010076902 (EBC) through B.T.S.C., 19 Harding Road, Patna.

11.

Arun Kumar Das, Reg. No.-BR00150010057522 (UR) through B.T.S.C., 19 Harding Road, Patna.

12.

Nadim Ashraf, Reg. No.-BR00150010062144 (EBC) through B.T.S.C., 19 Harding Road, Patna.

13.

Manoj Kumar Choudhary, Reg. No.-BR00150010064227 (UR) through B.T.S.C., 19 Harding Road, Patna.

14.

Mritunjay Kumar, Reg. No.-BR00150010088570 (EBC) through B.T.S.C., 19 Harding Road, Patna.

15.

Md. Naushad Ali, Reg. No.-BR00150010065221 (UR) through B.T.S.C., 19 Harding Road, Patna.

16.

Raghvendra Kumar, Reg. No.-BR00150010065700 (UR) through B.T.S.C., 19 Harding Road, Patna.

2/5 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Thakur, Advocate For the Respondent/s :

Mr. Abbas Haider, SC-6 For the B.T.S.C.

:

Mr. Nikesh Kumar, Advocate Mr. Akshansh Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-03-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the State and Learned Counsel for the Bihar Technical Service Commission.

2. Learned Counsel for the petitioners submits that the petitioners have filed the writ petition with the following reliefs:- "I. For quashing the combined merit list contained in letter no.-3896 dated 20.12.2024 published by the Bihar Technical Service Commission through its In-charge Secretary pursuant to Advertisement No.- 01/2019 for the post of Junior Engineer (Civil/Mechanical/Electrical) whereby and where under the petitioners have not been selected for the post of Junior Engineer.

II. For quashing the important notice contained in letter no. 3936 dated 24.12.2024 issued by the BTSC through its Incharge Secretary whereby the earlier allotment of department of the selected candidates dated 21.12.2024 has been

3/5 revised and the selected candidates have been allotted the department on the basis of merit-cum-choice afresh.

III. For direction to the respondent BTSC to revise the final result and publish the same after selecting the petitioners for the post of Junior Engineer (Mechanical) as the petitioners are having qualification of Diploma in Production Engineering which is equivalent to Diploma in Mechanical Engineering as contained in Bihar Subordinate Engineering (Civil/Mechanical/Electrical) Rules, 2023 as notified in Gazette dated 07.03.2023.

IV. For direction to the respondent BTSC to make recommendation in favour of the petitioners for the post of Junior Engineer (Mechanical) and consequently the State respondents be directed to appoint the petitioners on the post of Junior Engineer (Mechanical) as per their merit.

V. For direction upon the respondent BTSC to consider the representation dated 13.11.2024 and 25.12.2024 submitted by the petitioner no.1 through E-mail and take an appropriate decision with regard to candidature of the petitioners and make suitable recommendation for the post of Junior Engineer (Mechanical).

4/5 VI. For any other relief/reliefs to which the petitioners may be found entitled to in the facts and circumstances of the case."

3. Learned Counsel for the petitioners submits that other persons have moved before this Hon'ble Court and subsequently the matter went up to the Hon'ble Supreme Court in S.L.P. No.7257 of 2023 in which fresh consideration has been made by the respondent, Bihar Technical Service Commission, and he submits that though the name of the petitioners have not figured either in the earlier list or in the revised list. But he submits that the qualifications, which they possesses, have been considered to be an equivalent degree by the respondent, Bihar Technical Service Commission. Counsel submits that the petitioners have filed their representations before the Bihar Technical Service Commission, which is Annexure-10 series, on which the Commission has not taken any decision and due to this reason the petitioners have moved before this Hon'ble Court.

4. The Counsel for the Bihar Technical Service Commission submits that a time frame may be fixed so that the decision on the representation of the petitioners shall take place.

5. In the light of the submissions, this writ petition is

5/5 disposed off directing respondent No.3, the Bihar Technical Service Commission, to take decision on the representation of the petitioners within 60 days from the date of receipt/production of a copy of this order.

(Dr. Anshuman, J) Mkr./- U