Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6071 of 2022 ====================================================== 1.

Harendra Kumar, aged about 48 years, male, S/o Hari Shankar Prasad Singh Resident of Mohalla- Veer Kunwar Singh Nagar, Janta Road, Post- G.P.O., P.S.- Gardanibagh, District-Patna, Pin Code-800001 2.

Ajay Kumar, aged about 45 years, male, S/o Dharmendra Kumar, Resident of Mohalla-Near Arya samaj Mandir, Post and P.S.-Rajgir, District- Nalanda, Presently R/o Moh -Chilbily, Post-Nisarpura, P.S.-Beaur, District-Patna (Bihar).

... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary Transport Department Government of Bihar, Patna.

2.

The Chairman, Bihar Public Service Commission, Belly Road, Patna. 3.

The Secretary, Bihar Public Service Commission, Belly Road, Patna. 4.

The Examination Controller, Bihar Public Service Commission, Belly Road, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Subodh Kumar, Adv.

For the State :

Mr. Anil Kumar Singh GP 26 For the BPSC :

Mr. Sanjay Pandey, with Mr. Nishant Kumar Jha, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the B.P.S.C.

2. The matter has been listed under the heading 'To Be Mentioned" upon a motion slip being filed by the petitioners' counsel.

3. From the pleadings in the writ petition, it is not clear whether the petitioners were applicants, pursuant to the Advertisement No. 06 of 2020, which was published as way

Patna High Court CWJC No.6071 of 2022(2) dt.12-07-2022 2/2 back as in April 2020. The advertisement is assailed by the petitioners in the instant writ proceedings for selection of Motor Vehicle Inspectors by a writ petition filed in April 2022. The petitioners' counsel on specific query whether the petitioners were applicants or not, submits that he is not sure.

4. In the facts and circumstances of the case, there is no occasion for this Court to interfere in the matter not only for the reasons that the petitioners could not be considered as the persons aggrieved, but also on account of the delay and laches in assailing the Advertisement two years after publication of the same, when the selection procedure has progressed and is on the verge of completion.

5. The writ application is dismissed.

(Madhuresh Prasad, J) shyambihari/- U