Ranjit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5421 of 2022 ====================================================== Ranjit Kumar Singh Son of Late Parikasharh Singh, permanent resident of Village - Madhopur Kapur, P.S. - Kudhni, District- Muzaffarpur, present residing at Village - B- 42, Hari Nagar, P.S. - Maya Puri, State - South, West Delhi.

... ... Petitioner

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

2.

Director Primary Education, Education Department, New Secretariat, Patna. 3.

Staff Selection Commission, Bihar through its Chairman, Patna - 14. 4.

Secretary Staff Selection Commission, Bihar, Patna - 14. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratap Sharma, Advocate For the Respondent nos. 3 and 4 :

Mr. Gyan Shankar, Advocate For the State :

Mr. Amit Bhushan, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-07-2023 Let the hard copy of the writ application be taken on the record.

2. Learned counsel for the petitioner submits that with the filing of the hard copy, the defect stands removed.

3. The office to verify.

4. This writ application has been listed on the mention made by learned counsel for the petitioner showing urgency, hence, it has been taken up for consideration on merit.

5. Petitioner in the present case is seeking a Writ in the nature of Mandamus directing the respondents to appoint the petitioner on the post of Assistant Teacher under the Advertisement No. 210/ 10.

Patna High Court CWJC No.5421 of 2022(3) dt.20-07-2023 2/3

6. It is the case of the petitioner that he could not get appointment under the said advertisement due to an incorrect entry of session years of teacher's training course done by the petitioner.

7. Learned counsel for the petitioner submits that vide Advertisement No. 210/10 applications were invited for appointment of Assistant Teachers. The petitioner applied with all relevant documents and his name was included in the integrated session-wise seniority list of Primary Teacher at serial no. 48124 but in the column of session, the session of the petitioner has been mentioned as 1998-90 which is not in accordance with what appears from the certificate of the petitioner because the petitioner has completed the teaching course in the session 1984-86.

8. It is submitted that the candidates who completed course in the general category upto 1985-87 have been appointed on the post of Assistant Teacher but the petitioner could not be appointed because of the incorrect entry. 9.

Learned counsel for the Staff Selection Commission, Bihar submits that under the given advertisement a selection process for appointment of Assistant Teachers for 34540 posts was initiated and the entire selection process is

Patna High Court CWJC No.5421 of 2022(3) dt.20-07-2023 3/3 over, all the posts have already been filled up except 26 posts out of which 20 posts were meant for general subjects of Most Backward Class (M.B.C.) category and 6 posts for physical teachers. It is further pointed out that as back as in the year 2017, the Staff Selection Commission had come out with an Advertisement No. 3791/17 whereunder a provisional merit list was prepared and the candidates were invited to raise objections as to any wrong entry. The petitioner did not avail this opportunity and he did not apply for correction of error, if any.

10. Having regard to the facts and circumstances of the case, the statements made by learned counsel for the Staff Selection Commission on instruction and on finding that this writ application has been filed in the year 2022 at a much belated stage, this Court is of the considered opinion that no relief may be granted to the petitioner at this stage when the entire selection process is over and all the posts in general category have been filled up.

11. This writ application is dismissed.

(Rajeev Ranjan Prasad, J) tusharika/- U