Dr. Rajnish Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15151 of 2015 ====================================================== 1.

Dr. Rajnish Kumar and Anr S/o Late Mangala Prasad Singh Resident of village and Post Kauria Tole - Raman Rai , P.S. Bhagwanpur Hat, District - Siwan Bihar 2.

Dr. Prem Shankar Kumar S/o Krishna Nand Yadav Resident of village - Shantri Nagar, Ward No. 19, P.S. Madhepura, District - Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Science & Technology Department, Government of Bihar, Technology Bhawan Bailey Road, Patna. 2.

The Principal Secretary, Science and Technology Department, Government of Bihar, Technology Bhawan Bailey Road, Patna. 3.

The Deputy Secretary, Science and Technology Department, Government of Bihar, Technology Bhawan Bailey Road, Patna.

4.

The Director, Science and Technology Department, Government of Bihar, Technology Bhawan Bailey Road, Patna.

5.

The Bihar Public Service Commission, through its Secretary, Bailey Road, Patna 6.

The Chairman, Bihar Public Service Commission, Bailey Road, Patna 7.

The Secretary, Bihar Public Service Commission, Bailey Road, Patna 8.

The Joint Secretary - Cum - Examination Bihar Public Service Commission, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh, Adv.

For the Respondent/s :

Mr. Sudharshan Bhushan, AC to GP-7 For the BPSC :

Mr. Sanjay Pandey, Adv.

Mr. Nishant Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of a writ of Certiorari or any other appropriate writ,/writs, direction/ directions, order/ orders to set aside / quashing the "List of ineligible candidates" notified in their web site by

Patna High Court CWJC No.15151 of 2015(2) dt.31-08-2023 2/3 the respondent Bihar Public Service Commission, so far as these petitioners are concerned, for the post of Assistant Professor in Engineering colleges under the Science & Technology Department in the subject of Mathematics, Physics, Chemistry and English (ii). For issuance of a writ of Mandamus or any other appropriate writ, order or direction commanding the respondent authorities, particularly respondent B.P.S.C. to declare the petitioners as "eligible" after holding that the petitioners, who have been illegally declared ineligible are eligible for the post of Assistant Professor in terms of the advertisement issued by the respondent Bihar Public Service Commission.

(iii). For issuance of an appropriate writ, order or direction restraining the respondent B.P.S.C. from holding the written examination scheduled to be held from 9th September 2015 to 12th September 2015 in view of the fact that more than 1200 candidates including these petitioners have been illegally declared as ineligible though they are eligible in terms of the advertisement."

2.

The learned counsel for the Respondents-Bihar Public Service Commission, Patna, submits that the present writ petition has been rendered infructuous, inasmuch as the written examination has already been held in the year, 2015 and

Patna High Court CWJC No.15151 of 2015(2) dt.31-08-2023 3/3 thereafter, recommendations have also been made qua the successful candidates, who have also been appointed and the selection process has come to an end qua the advertisement in question, long back.

3.

The aforesaid factual position is not disputed by the petitioners.

4.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U