Archana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4536 of 2023 ====================================================== Archana Kumari D/o Upendra Nishad, Resident of Chakbhawani, Keoti Ranwe, Police Station- Kewati, District- Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional, Chief Secretary, Animal Husbandry and Fishery Department, Government of Bihar, Patna. 2.
The Additional Chief Secretary, General Administration Department Government of Bihar, Patna.
3.
The Director Fishery Directorate, Government of Bihar, Patna. 4.
The Chairman, Bihar Technical Service Commission 19, Harding Road, Patna.
5.
The Secretary, Bihar Technical Service Commission 19, Harding Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ranjit Ranjan, Advocate For the State :
Mr. Saurabh Kumar, AC to SC-19 For the BTSC :
Mr. Nikesh Kumar, Advocate :
Mr. Aditya Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 05-02-2026 Heard the parties.
2. The present writ petition has been filed for the following reliefs:- (a) For issuance of appropriate writ/writs, order/orders, direction/ directions for quashing the final merit list circulated in pursuance of Advertisement No. 03/2021 contained in Letter No. 1640 dated 18.07.2022 whereby and whereunder by misinterpreting the clause 3(ii) of advertisement
2/4 which states in respect of granting of weightage for those applicants who have experience in agriculture and fishery area are entitled to get five weightage points for a year and maximum of 25 weightage points for 5 years, granted weightage to all those candidates who are working in NGO like Jeevika, Land Conservation Department, Water Protection Department, candidates working under World Bank Scheme of Kosi Bihar Basin Development Programme resultantly all those candidates have no who experience in fishery affair got chance to come within recommendation zone at the cost of fresh graduate from B.Sc.
(Industrial Fish and Fisheries, in short 'IFAS') who lost the chance to come within recommendation zone and all those persons who are working as a contractual employee in other departments got benefitted.
A Photo Copy of Advertisement No.
03/2021 is annexed herewith and marked as ANNEXURE-1 to this petition.
3/4 (b) For issuance of appropriate writ/writs, order/orders, direction/directions for commanding the respondent authorities to revise the merit list by granting weightage point only to 38 contractual employees working on Fishery Development the post of Officer and excluding all those contractual employee who are engaged in other scheme (no related with the Scheme or activities of Fishery Department) and to prepare a fresh merit list.
A Copy of Final Merit List is annexed herewith and marked as ANNEXURE-2 to this petition.
(c) For issuance of appropriate writ/writs, order/orders, direction/directions for commanding the respondent authorities especially Respondent No. 5 to publish the result more transparently by giving cutoff marks of all categories such as General male, General Female, EWS-BC-Male, EWS-Female, BC-Male, Female, EBC-Male, EBC-Female, SC-male, SCFemale, ST-Male- ST-Female, like result of Advertisement No.
4/4 02/2021 as well as percentage of marks/cutoff marks of each individual candidate but reason best known to respondent authorities who published final merit list of Advertisement No.
03/2021 contains only a vague statement in respect of percentage of marks of category wise cutoff marks.
3. At the outset, the learned counsel for the respondent nos. 5 & 6 submits that identical matter has been decided by a division bench of this Hon'ble Court vide its order dated 08.02.2024 in C.W.J.C. No. 2043 of 2021 and its analogues case, whereby the Division Bench after considering all the aspects has rejected the prayers made in those writ petitions.
4. Considering the submissions made by the learned counsel for the respondent nos.4 & 5, the present writ petition stands dismissed in view of the order dated 08.02.2024 passed in C.W.J.C. No. 2043 of 2021 and its analogues case. (Ritesh Kumar, J) AjayMishra/- U