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Patna High CourtCWJC/9734/2021dismissed

Kumar Gaurav v. The State Of Bihar

2021-09-07Mr. Justice Vikash Jain,Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9734 of 2021 ====================================================== Kumar Gaurav, aged about 28 years, Sex-Male, Son of Anand Kumar Resident of Village- Belighat Lane, Post Office- Champanagar, Police Station- University, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Law Department, Bihar Old Secretariat, Patna.

2.

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

3.

The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna.

4.

The Secretary, Bihar Public Service Commission, Patna. 5.

The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, Patna.

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Adv.

For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) Date : 07-09-2021 Heard learned counsel for the petitioner through video conference. Learned counsel for the petitioner hereby has filed an undertaking that all the defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal

Patna High Court CWJC No.9734 of 2021 dt.07-09-2021 2/3 physical functioning of the Court, and in any event within one month thereof.

2. The present writ petition has been filed for the following reliefs as formulated by the petitioner- "I. For direction to the Respondent authorities to declare the petitioner as successful candidate in Preliminary Test of 31st Bihar Judicial Service Competitive Examination on the basis of marks obtained as 107 by him in Disable (OH category) and accordingly, the petitioner be allowed to appear in Main Examination scheduled to be held. II. For quashing the Letter dated 25.01.2021 of the Respondent No.5 to the extent that only 2 seats for Orthopedics Handicapped has been allotted in the light of Letter No. 14837 dated 30.10.2019 of General Administration Department of Bihar through which only one percent horizontal reservation has been given to this category despite 4% reservation quota has been allotted to Disable Category Candidate by 'Rights of persons with disability Act, 2016.

III. For any other relief/reliefs as your Lordships may deem fit and proper in the background of existing facts and circumstances of the case."

3. At the outset itself, learned counsel for the petitioner states that the petition has now become infructuous, inasmuch as the Mains Examination has already been conducted.

Patna High Court CWJC No.9734 of 2021 dt.07-09-2021 3/3

4. None appears on behalf of the respondents when the matter is called.

5. Having regard to the statement made on behalf of the petitioner, the writ petition stands dismissed.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) ( Anjani Kumar Sharan, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.09.2021 Transmission Date