Amitabh Kumar Vikash v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6022 of 2022 ====================================================== 1.

Amitabh Kumar Vikash S/o Uma Shankar Pandey, Resident of Mohalla - Dharampur Bandey Ward no. 8, Near Middle School, P.S. - Tajpur, District - Samastipur.

2.

Mukesh Kumar S/o Ramesh Prasad, Resident of Mohalla - Postal Park, Indira Nagar, Opposite of Road No. 9, P.S.- Jakkanpur, District- Patna. 3.

Rahul Kumar S/o Rajbanshi Roy, Resident of Mohalla - Gosain Tola, Patliputra Colony, P.S. - Patliputra, District- Patna. 4.

Awadhendra Kumar Bhanu S/o Bashistha Ram, Resident of Vill - Naua, Jhoti, P.S.- Bhabhua, District- Kaimur.

... ... Petitioner/s

Versus

1.

The Union of India through its Secretary, Ministry of Human Resources Department, Government of India, New Delhi.

2.

The Secretary, Ministry of Human Resources Department, Government of India, New Delhi.

3.

The Joint Secretary, Ministry of Human Resources Department, Government of India, New Delhi.

4.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 5.

The Chief Secretary, Government of Bihar, Patna. 6.

The Chairman, Bihar Technical Service Commission, Patna. 7.

The Secretary, Bihar Technical Service Commission, Patna. 8.

All India Council For Technical Education, Union of India, Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar, Advocate For the State :

Mr. Rakesh Ranjan, AC to GP-20 For the BTSC :

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-11-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(a) For issuance of writ in the nature of mandamus directing to the respondents authorities to consider the qualification of

Patna High Court CWJC No.6022 of 2022(2) dt.29-11-2023 2/3 these petitioners for the post of J.E. (Civil Engineer) in the light of the advertisement contained in advertisement no. 01/2019 dated 08.03.2019 published by Bihar Technical Service Commission, Patna.

(b) For issuance of writ in the nature of Mandamus directing the respondents to consider the case of the petitioner afresh as taking into consideration of the fact that the petitioners have a valid degree from Professional Bodies / Institutions which were duly recognized by MHRD with permanent recognition upto 31.05.2013 from The Institution of Civil Engineers (India), Ludhiana (Punjab) and also held recognition from AICTE."

2.

At the outset, the learned counsel for the respondent-Bihar Technical Service Commission submits that since the advertisement in question has already stood withdrawn, the present writ petition has been rendered infructuous.

3.

Per contra, the learned counsel for the petitioner submits that in case the said advertisement is revived, the petitioner be granted liberty to approach this Court. Liberty so sought is

Patna High Court CWJC No.6022 of 2022(2) dt.29-11-2023 3/3 granted.

4.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U