Bibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3943 of 2023 1.

Bibha Kumari D/o Chandra Bhushan Singh, Resident of Mohalla - Bhikhanpur Bhatta Road, Bishari Asthan, P.S. - Ishakchak, Bhagalpur. 2.

Sandeep Kumar, Son of Ram Chandra Ram, Resident of vill. - Amarpur, P.O. and P.S. - Amarpur, District - Banka.

3.

Pushpa Prasad, Son of Ramji Paswan, Resident of Bhikhanpur Bhatta Road, Bishari Asthan, P.S. - Ishakchak, Bhagalpur.

4.

Amresh Kumar Karn, S/o Bal Krishan Karn, resident of G.N.M Road, Bhikhanpur, Gumti No. 1, Jagdishpur, Bhagalpur, Bihar - 812001. 5.

Bandana Kumari, D/o Mahendra Nath, Resident of Surkhikal Bhatta Mishra Lane, P.O.- Bari Khanjarpur, P.S. - Barari, District - Bhagalpur, Bihar - 812001.

6.

Pratibha Kumari, D/o Nawal Kishore Mehta, Resident of Choti Sangat Digambar, Sarkar Lane - Jogsar, Bhagalpur.

7.

Santosh Kumar Paswan, Son of Vijay Kumar Paswan, Resident of L.I.G. - 37 Housing Board, Colony Barari, P.O. and P.S. - Barari, Bhagalpur, Bihar - 812003.

8.

Noor Alam, Son of Lal Mohammad Resident of Village and P.O. - Fatehpur, P.S. - Ziromail, District - Bhagalpur.

9.

Ranjeet Das, Son of Bishnu Das, Resident of village - Jamni, P.O. - Khiri Bandh, District - Bhagalpur.

10.

Snehlata Kumari, D/o - Rajendra Jha, Resident of Peon Quarter, Kala Bhawan Near, P.O. - Kacharihata, District - Purnia. 11.

Ishrat Jahan Abbas, D/o Late Abbas Ansari, Resident of Mohalla - Rekabganj, P.O. - Bhagalpur City, District - Bhagalpur. 12.

Rukmani Devi, D/o Harish Chand Das, Resident of Village - Gamharpur, P.O. - Baraini, District - Bhagalpur, Pin - 815322. 13.

Rajendra Das, Son of Late Ram Das, Resident of Village - Islampur, P.O. - Nabada Bazar, P.S. - Rajoun, District - Banka - 813105. 14.

Rumi Khatoon, D/o of Late Md. Jahangir, resident of Village- Mohin Alichak, P.O. and P.S. - Habibpur, District - Bhagalpur, Pin - 813113. 15.

Md. Zulfaquar, Son of Md. Kalam, Resident of Village- Molanachak Shabaz Nagar, P.O. - Bhagalpur City, District - Bhagalpur - 812002. 16.

Anand Ashish, Son of Mukesh Kumar Singh, resident of Village and P.S. - Gulni, P.S. - Shambhuganj, District - Banka, Pin - 813221. 17.

Kavita Kumari, D/o Mritunjay Ray, Resident of Chiranjivi Bose Lane, Deepnagar, P.O. Kharman Chak, P.S. - Adampur, District - Bhagalpur. 18.

Dipak Kumar, Son of Chedi Mandal, Resident of Village - Masharu, P.O. - Mamalkha, P.S. - Sabour, District - Bhagalpur. 19.

Shashidhar Sharma, Son of Vidya Mistri, Resident of Village and P.O. - Salempur, P.S. - Amarpur, District - Banka.

20.

Md. Shanawaz Alam, Son of Abdul Mannan, Resident of Mayaganj, P.O.

2/4 and P.S. - Barari, District - Bhagalpur.

21.

Praveen Kumar Pranav, Son of Mathura Mandal, Resident of Village - Muluktand, P.O. - Haveli Kharakpur, District - Munger. 22.

Niranjan Kumar, Son of Kedar Pd. Yadav, Resident of Village - Saleya, P.O. and P.S. - Barhat, District - Jamui.

23.

Rasik Lal Marandi, Son of Balkishore Marandi, Resident of Village - Parastola, P.O. - Latraha, P.S. - B Kothi, District - Purnea. 24.

Upendra Uraon, Son of Nand Lal Uraon, Resident of Village Tarauni, P.O. - Kuckroun No. 2, P.S.- Bhawanipur, District - Purnea. 25.

Rajeev Kumar Son of Basudeo Mandal, Resident of village- Taridavil, Anchal and P.S. - Khera, District - Jamui.

26.

Kuldeep Kumar Mandal, Son of Ram Deyal Mandal, Resident of Village - Sachidanand Nagar, P.O. and P.S. - Tilkamanjhi, District - Bhagalpur. 27.

Pramod Kumar, Son of Shyam Sundar Mandal, Resident of Village - Sachidanand Nagar, Hawai Adda, P.O. and P.S. - Tilkamanjhi, District - Bhagalpur.

28.

Bablu Kumar Choudhary Son of Ganesh Choudhary, Resident of Village - Mayaganj, P.O. and P.S. - Barari, District - Bhagalpur. 29.

Md. Kazim Son of Md. Razzaque, Resident of Village - Mayaganj, P.O. and P.S. - Barari, District - Bhagalpur.

30.

Kumari Pinki, Wife of Kumar Shekhar, Resident of New Colony, Guddarganj, P.O. - Mirjanhat, P.S. - Mojahidpur, District - Bhagalpur. 31.

Viveka Nand Prasad, Son of Umeshwar Prasad Mandal, Resident of Village - Tahwalpur, P.O. - Bhagalpur Sadar, P.S. - Lodipur, District - Bhagalpur. 32.

Suman Jee Kunwar, Son of Hareram Kunwar, Resident of Village and P.O. - Sukhapur, P.S.- Supaul, District - Supaul.

33.

Kanchan Singh, D/O Mahesh Pd. Singh, Resident of Village - Nadiya Tola, P.O. and P.S. - Kahalgaon, District - Bhagalpur. 34.

Sushila Devi D/o Janardhan Mandal, Resident of Village - Parshuram Chak, P.O. - Rampur, P.S. - Antichak, District - Bhagalpur. 35.

Mintu Kumar Pandit, Son of Narayan Pandit, Resident of Village - Bhuranth Chowk, P.S. Adampur, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, General Administration Department, Bihar, Patna.

2.

The Additional Secretary, General Administration Department, Bihar, Patna. 3.

The District Magistrate, Bhagalpur.

4.

The District Level Selection Committee, Headed by the Chairman, Bhagalpur.

... ... Respondent/s

3/4 Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf, Advocate For the Respondent/s :

Mr. Saroj Kumar Sharma, AC to AAG-3 CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-08-2023

1. Heard the learned counsels for the parties.

2. The petitioners' claim for being appointed in groupD post in the Bhagalpur Collectoriate by virtue of their empanelment is not being granted by the authority in view of judgement passed in CWJC No. 18612 of 2019, wherein the Court has passed certain directions which are to be followed in the matter of appointment to group-D post.

3. The learned counsel for the petitioners submits that the petitioners would be availing their remedy in accordance with law. He submits that they are adversely affected by decision of this Court in the case of CWJC No. 18612 of 2019, though they were not party to the said proceedings. It is as a result of the order passed in CWJC No. 18612 of 2019 that the impugned order dated 23-6-2020 has been passed.

4. The Court prima facie finds that the order impugned in the petition is of June 2020, nearly 3 years old. However since the petitioners seek liberty to avail the remedies in respect of the order passed in CWJC No. 18612 of 2019, either by filing Review in terms of decision of the Hon'ble Apex Court in the case of Shivdev Singh & Ors. v. State of Punjab &

4/4 Ors., reported in AIR 1963 SC 1909, or by filing LPA against the order passed in CWJC No. 18612 of 2019, no orders are required to be passed in the present application.

5. The same is accordingly disposed of.

(Madhuresh Prasad, J) SUMIT/- U