← Library
Patna High CourtCWJC/6169/2025disposed

Sagar Mani v. The State Of Bihar

2025-04-24Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6169 of 2025 ====================================================== Sagar Mani, Son of Sri Ramdew Ray, Resident of Village and P.O.- Rasalpura, P.S.- Doriganj, District- Saran, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

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

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

4.

The Bihar Technical Service Commission, 19, Harding Road, Patna through its Secretary.

5.

The In-charge Secretary, Bihar Technical Service Commission, 19, Harding Road, Patna.

6.

Sri Aditya Gupta, Son of Rajesh Prasad, having registration No. BR00150010022796, under quota 40 per cent (UR) (Last selected candidate) through the Secretary, Bihar Technical Service Commission, 19, Harding Road, Patna.

7.

Sri Guddu Kumar, Son of Dhanesh Singh, having registration No. BR00150010091730, under quota 40 percent (BC) (Last selected candidate) through the Secretary, Bihar Technical Service Commission, 19, Harding Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Singh, Sr. Advocate Mr. Sumit Kumar, Advocate For the Resp. No. 4 & 5 :

Mr. Nikesh Kumar, Advocate For the State :

Mr. Udaybhan Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-04-2025 Heard the parties.

2. The petitioner is one of the aspirant for the post of Junior Engineer against the Advertisement No. 1 of 2019; on being aggrieved with the combined merit list as contained in letter no. 3896 dated 20.12.2024, published by the Bihar Technical Service Commission as far as the exclusion of the

Patna High Court CWJC No.6169 of 2025(2) dt.24-04-2025 2/3 petitioner is concerned, he approached this Court by filing the present writ petition. The petitioner also seeks quashing of the merit list contained in notice no. 549 dated 11.02.2025 published by the Commission, through its In-charge Secretary, as far as the exclusion of the petitioner in the merit list, is concerned and whereunder he has not been selected for the post of Junior Engineer, despite the fact that he has secured 59.5666, nonetheless, candidates below the petitioner's merit has been selected by the Commission under Unreserved category in 40% Bihar quota and also in B.C. category in 40% Bihar.

3. Pressing the writ petition, Mr. Shekhar Singh, learned Senior Advocate taking this Court through the averments made in the writ petition as well as Annexures appended thereto and submitted that despite the petitioner having secured good position and, in fact, higher than the last cut-off merit point of selected candidates, his case has not been considered for selection to the post of Junior Engineer. Entire facts have been brought before the Secretary of the Bihar Technical Service Commission but to no avail and, as such, the petitioner has been compelled to approach this Court.

4. Mr. Nikesh Kumar, learned Advocate for the Commission prayed for a short adjournment, enabling him to

Patna High Court CWJC No.6169 of 2025(2) dt.24-04-2025 3/3 file a counter affidavit.

5. Considering the nature of the grievance and the fact that for redressal of the grievance the petitioner has filed a detailed representation, this Court deems it fit and proper to dispose off the writ petition with a direction to the Secretary, Bihar Technical Service Commission to consider the representation of the petitioner dated 13.02.2025, the copy of which is marked as Annexure P/14 and disposed off the same by a reasoned and speaking order.

6. The petitioner would also be at liberty to file an additional representation, in case he wanted to add some other essential points, preferably within a period of two weeks' from today. In case, such an additional representation shall be filed, the same shall also be taken note of while disposing the aforesaid representation within a further period of four weeks.

7. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) supratim/- U