Ved Prakash Sharan v. The Staff Selection Commission

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7678 of 2021 ====================================================== Ved Prakash Sharan Son of Shambhu Sharan Prasad Resident of Village - Purvi Gopalpur, Ward No. 36, Motihari, P.S. Motihari Town, District- East Champaran.

... ... Petitioner/s

Versus

1.

The Staff Selection Commission Through the Chairman, Bihar, Patna 2.

The Secretary, Staff Selection Commission (S.S.C.), Bihar, Patna 3.

The Public Information Officer, S.S.C., Bihar, Patna. .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioner has prayed for the following relief(s):- "(i) For issuance of a writ in the nature of mandamus or any other appropriate writ order and direction commanding the respondents to provide / issue the marks of the petitioner obtained in the competitive examination of "Amin" held on 01- 05-2005 in regard to an advertisement No.

604/2004 for the post of Amin for which the petitioner appeared in examination having roll No. 001629. (ii) Any appropriate relief or relief may granted in favour of the peti-

Patna High Court CWJC No.7678 of 2021 dt.11-02-2022 2/3 tioner as your lordship may deem fit and proper."

The petitioner's grievance is relating to 2005 and the present petition is presented in the year 2021. On the ground of delay and laches, the present petition is not maintainable. Hon'ble Apex Court in the case of State of Jammu and Kashmir Vs. R.K. Zalpuri and others reported in AIR 2016 Supreme Court 3006 held as under:- "20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v.

Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "The Court while exercising its jurisdiction under Article 226 is dutybound to consider whether: (a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved; (b) the petition reveals all material facts;

(c) the petitioner has any alternative or effective remedy for the resolution of the dispute; (d) person invoking the jurisdiction is guilty of unexplained delay and laches;

(e) ex facie barred by any laws of limitation;

(f) grant of relief is against public policy or barred by any valid law;

and host of other factors."

Patna High Court CWJC No.7678 of 2021 dt.11-02-2022 3/3 In view of the aforesaid decision, the present petition stands dismissed on the ground of delay and laches. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A