Mahendra Pratap Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11743 of 2014 ====================================================== Mahendra Pratap Tiwari Son of Ram Akshaivar Tiwari Presently residing at 103/87A, Naya Bairhana, P.S- George Town, District- Allahabad- 211003. ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, General Administration Department, Govt. of Bihar,Patna.

3. The Principal Secretary Cum Industrial Development Commissioner, Govt. of Bihar, Patna.

4. The Director, Industries, Industries Directorate, Govt. of Bihar, Patna.

5. The Deputy Director, Industries, Directorate, Govt. of Bihar, Patna.

6. The Bihar Staff Selection Commission, Patna, P.O- Veterinary College, Patna14, through Secretary.

7. The Secretary, Staff Selection Commission, Patna, P.O- Veterinary College,Patna- 14 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate Mr.Satya Prakash Tripathi, Advocate For the Respondent/s :

Mr.Satyam Shivam Sundaram, Advocate for the BSSC : Mr. Satyabir Bharti, Advocate Mr. Alok Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 18-02-2019 Copy of the counter affidavit filed on behalf of the State is handed over to the counsel for the Commission in Court today.

Counsel for the petitioner submits that his claim for appointment as Industry Extension Officer pursuant to the selection process undertaken by the Bihar Staff Selection Commission in the year 2011 was not being considered as the respondents were yet to verify his claim of being BSC passed candidate with mathematics which was to be verified from the

Patna High Court CWJC No.11743 of 2014 dt.18-02-2019 2/3 Poorvanchal University, Jaunpur, Utter Pradesh. It is pointed out that on 10.11.2014 the respondent Commission had issued a letter to the University to clarify their stand whether on the basis of the graduation certificate of the petitioner, the petitioner would be treated as a graduate of chemistry and physics only or whether he was to be treated as qualified in terms of the requirement for the appointment in question which is a graduate with mathematics.

It is submitted by the petitioner's counsel that the claim has been made by the petitioner by Annexure 10 dated 07.03.2014 that his degree should be considered as graduate with mathematics but due to inaction on the part of the respondents, final decision is yet to be taken after clarification/verification from the University as per communication dated 10.11.2014 issued by the respondents Commission.

Since the issue has to be finally decided by the respondent Commission regarding petitioner's certificate being valid for the selection in question, this Court would dispose off the writ petition with a direction to the respondent Commission to take a final decision in the matter expeditiously and preferably within a period of six months from today in light of

Patna High Court CWJC No.11743 of 2014 dt.18-02-2019 3/3 their communication dated 10.11.2014 (Annexure B) series to the counter affidavit filed on behalf of the State. Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date