Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9998 of 2021 ====================================================== Krishna Kumar Son of Jay Prakash Mandal, resident of Sahebganj, P.O.- Champanagar, P.S.-Nathnagar, District-Bhagalpur-812004. ... ... Petitioner

Versus

1.

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

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education, Education Department, Government of Bihar, Patna.

4.

The Chairman, Bihar State University Service Commission, Patna. 5.

The Secretary, Bihar State University Service Commission, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

For the Respondent/s :

Mr. Madhaw Prasad Yadav, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 06-07-2022 Heard the parties.

The petitioner has prayed that the petitioner has passed the NET examination, result thereof was declared in January 2021. However, the last date for submitting of application form had expired on 30.12.2020. Learned counsel submits that on account of Covid, the result was delayed and the benefit should be given to the petitioner.

I have considered the submissions.

A cut off date fixed by the examining body is for all the candidates, who seek to take part in selection process. Thus, it cannot be changed for an individual.

Patna High Court CWJC No.9998 of 2021(2) dt.06-07-2022 2/2 Since the petitioner did not possess the qualifications as on the date fixed, as a last date for submitting of documents by the Bihar State University Service Commission, he would not be treated as eligible to participate in the said selection. If he has passed the NET examination subsequently he can apply against any new advertisement which may be issued by the respondents or by any other authorities.

Keeping in view the settled law with regard to cut off date as laid down by the Apex Court, in Ashok Kumar Sonkar Vs. Union of Indian & Others reported in (2007) 4 Supreme 'Court Cases 54, the petitioner does not have any right for extension of the cut off date.

The writ petition is misconceived and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) amit/- Item no.52 U