Mukesh Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6311 of 2016 ======================================================

1. Mukesh Kumar Son of Lakki Sharma resident of at & P.O. - Raipur, P.S. - Bihpur, District - Bhagalpur.

2. Swapan Kumar Sinha Son of late Banwari Prasad resident of C/o Rajesh Kumar, Daldali Road, near Uma Cinema, P.S. - Gandhi Maidan, District - Patna.

.... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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

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

4. The Bihar Staff Selection Commission, Patna through its Secretary.

5. The Chairman, Bihar Staff Selection Commission, Patna.

6. The Secretary, Bihar Staff Selection Commission, Patna.

7. The Inspector General of Police, Economic Offence Unit, Bihar, Patna.

8. The Director, Forensic Science Laboratory, Bihar, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Varma, Adv. Mr. Vindhyachal Singh, Adv.

For the SSC : Mr. Kamla Kant Upadhyay, Adv. Mr. C.B.Das. Adv.

For the EOU : Mr. Akhileshwar Pd. Singh, Sr.Adv. Mr. Rajeev Ranjan Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-03-2017 Heard learned counsel for the parties.

The petitioners pray for issuance of a writ in the nature of Certiorari for quashing the proceeding of the Bihar Staff Selection Commission dated 5.2.2016, whereby and whereunder a decision has been taken to cancel the result of the examination for appointment of Junior Engineers pursuant to Advertisement No. 0411.

This matter has been listed at the instance of the learned counsel for the petitioners, who submits that a similar issue having

Patna High Court CWJC No.6311 of 2016 (2) dt.20-03-2017 been raised by some of the applicants in C.W.J.C.No. 5495/2016 (Prabhakar Kumar & ors. v. the State of Bihar & ors.), did not merit consideration before the Single Bench and the writ petition was dismissed vide judgment and order dated 13.7.2016 and even the Letters Patent Appeal preferred by the writ petitioners was dismissed by the Division Bench vide judgment and order passed on 3.2.2017 in L.P.A.No. 1478/2016 (Prabhakar Kumar & ors. v. the State of Bihar & ors.). It is thus submission of the learned counsel for the petitioners and not objected to by the learned counsel for the State that the issue as raised and contested in the writ petition stands covered by the judgment and order of this Court in the case of Prabhakar Kumar (supra) and thus, learned counsel for the petitioners pray for disposal of the writ petition in terms of the judgment and order of this Court passed in the said case.

Having heard learned counsel for the parties and considering the submissions of the learned counsel, the writ petition is dismissed in terms of the judgment and order passed by this Court in the case of Prabhakar Kumar (supra) as affirmed by the Division Bench.

(Jyoti Saran, J) Surendra/- U