Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9780 of 2020 ====================================================== Amit Kumar ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 23-11-2021 In the instant petition, petitioner has prayed for following reliefs:

"To direct the respondent authority to publish the merit list of handicapped candidates as per appointment guideline published by the State Government.

To furtheer direct the respondent authority to issue appointment letter in favour of petitioner against the handicapped seat in the light of Bihar Govt. letter no. 1749 dated 13.03.2019."

For issuance of writ of mandamus to any authority one must establish legal and statutory right followed by the demand before the competent authority. Both the ingredients are not forthcoming in the present writ petition. Accordingly, the petitioners are not entitle to issuance of mandamus in the light of the Hon'ble Apex Court's decision in the case of Mani Subrat Jain Etc Vs State of Haryana and Ors on 09.12.1976.

Accordingly, writ petition stands dismissed and

Patna High Court CWJC No.9780 of 2020(2) dt.23-11-2021 2/2 dismissal of this petition would not coming in the way of petitioner to approach the 4th respondent by making necessary application/representation in demanding the relief sought in the present petition. In the event of filing application/representation, the competent authority is hereby directed to visit the grievance of the petitioner and redress the same.

(P. B. Bajanthri, J) Gaurav Kumar/- U