Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7435 of 2019 ====================================================== 1.
Mukesh Kumar Son of Sri Baijnath Prasad, Resident of Badi Patan Devi Colony, P.O. Gulzarbagh, P.S. Alamganj, Patna. 2.
Jitendra Kumar, Son of Shri Ramlakhan Singh, Resident of Pillar no. 52, Behind Rajendra Palace, Raja Bazar, Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Government of Bihar. 2.
The Principal Secretary, General Administrative Department, Government of Bihar, Patna.
3.
Director General, Bihar State Sports Authority, Bihar. 4.
Joint Secretary, General Administrative Department, Government of Bihar. 5.
Directorate of Youth Welfare and Sports through the Director, Directorate of Youth Welfare and Sports, Government of Bihar. 6.
The Deputy Director, Student and Youth Welfare Directorate, Government of Bihar.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7497 of 2019 ====================================================== 1.
Rahul Kumar son of Shri Nawal Kishore Prasad Vidyarthi, resident of House No. 27, Road No.- 5, East Patel Nagar, Police Station- Shashtri Nagar, Patna, PIN- 800023.
2.
Badal Kumar, son of Shri Vijay Yadav, resident of Kotwali, Police Station Campus, Near Temple, Post Office- GPO, Police Station- Kotwali, Patna, PIN- 800001.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Bihar, Patna. 2.
The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.
3.
The Secretary, Art, Culture and Youth Department, Government of Bihar, Patna.
4.
The Additional Secretary, General Administration Department, Government of Bihar, Patna.
5.
The Deputy Secretary, General Administration Department, Government of Bihar, Patna.
6.
The Under Secretary, General Administration Department, Government of Bihar, Patna.
2/4 7.
The Registrar-cum- Director, Student and Youth Welfare, Art, Culture and Youth Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 7435 of 2019) For the Petitioner/s :
Mr.Akash Keshav, Advocate For the Respondent/s :
Mr. Mrigendra Kumar (In Civil Writ Jurisdiction Case No. 7497 of 2019) For the Petitioner/s :
Mr.Navendu Kumar, Advocate For the Respondent/s :
Mr.Mrigendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-05-2019 The petitioners, in both the writ petitions, are aggrieved by their non-selection on the Group-C & D posts for which an advertisement was issued inviting only outstanding sports persons to be considered for such posts.
2. The petitioners play Lawn Ball and Ball Badminton respectively, which sports have been listed in the schedule of the notification issued by the General Administration Department, Government of Bihar, Patna for the purposes of declaring any sports person in such sports to be outstanding sports persons.
3. After an advertisement was issued inviting applications from outstanding sports persons for their
3/4 appointment on Group-C & D posts, a special Committee, later, was constituted for selecting particular games for selection of the candidates.
4. The refrain of the learned counsel for the parties in both the writ petitions is that once "outstanding sports persons" have been defined by a notification of 2014 which has a sanction of law, a Committee could not have been constituted for the purposes of handpicking particular games.
5. Apart from this, a challenge to the merit list which has been published, has been made on the ground that some of such persons have been appointed who have been marked much below the petitioners in their respective categories.
6. Mr. Mrigendra Kumar, learned counsel appearing for the respondent/State submits that an objection was invited from such candidates whose names did not figure in the merit list.
7. The petitioners have filed their objections but
4/4 till date, there has not been any decision of such objection.
8. Under the aforesaid circumstances, this Court deems it appropriate to direct the petitioners to make a fresh complaint/representation before the Additional Chief Secretary, General Administration Department, Government of Bihar, Patna within a period of three weeks from today, who, on receipt of the same, shall look into the matter, verify the facts and pass a reasoned order with respect to the petitioners within a further period of six weeks thereafter.
9. With the aforesaid observation/direction, the writ petition stands disposed off.
(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07/05/2019