Prabhat Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7459 of 2019 ====================================================== Prabhat Kumar Yadav Son of Sri Raghunath Prasad Yadav R/o VillageBarinagar, Post Office-Gurubazar, P.S.-Barari, District-Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna 2.

The Principal Secretary, Department of Home, Government of Bihar, Patna 3.

The Director General of Police, Government of Bihar, Patna 4.

The Additional Director General of Police, Crime Investigation Department, Government of Bihar, Patna 5.

The Director, Forensic Science Laboratories, Government of Bihar, Patna 6.

The Bihar State Staff Selection Commission through its Secretary, Patna, Bihar 7.

The Bihar Public Service Commission through its Secretary, Patna, Bihar 8.

The Inspector General (Crimes) Crime Investigation Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhu Prasun, Advocate For the Respondent/s :

Mr. Md. N.H. Khan (SC-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-05-2019 The learned counsel for the petitioner is permitted to delete the Bihar Public Service Commission from the array of parties.

2. The petitioner had applied against Advertisement No. 14010115 published by the Staff Selection Commission for appointment on the post of Senior Scientific Assistant, General Chemistry Section (Chemical Division). The

Patna High Court CWJC No.7459 of 2019 dt.02-05-2019 2/3 petitioner was declared successful after obtaining 81 marks which was above the cut-off marks of BC category. Later, a selection list was published in which one Talhat Jahan was shown as the successful candidate.

3. It is the case of the petitioner that the select list was wrongly prepared. It has also been argued that aforesaid Talhat Jahan did not join the post as she has completed in an examination conducted by the B.P.S.C. and is presently posted somewhere else. The post of Senior Scientific Assistant, General Chemistry Section (Chemical Division) is still vacant and no fresh selection process has, up-till-now, been initiated.

4. A representation has been made by the petitioner before the Chairman of the Bihar Staff Selection Commission and the Principal Secretary, Department of Home, Government of Bihar, which representations have not yet been heeded to.

5. Mr. S.S. Sundaram, learned advocate for the Staff Selection Commission submits that after the publication of the result, the Commission becomes functus officio and no

Patna High Court CWJC No.7459 of 2019 dt.02-05-2019 3/3 application of any candidate can be entertained by the Commission.

6. Under the aforesaid circumstance, the petitioner is directed to make a fresh representation before the Principal Secretary, Department of Home, Government of Bihar, Patna (respondent No. 2) within a period of three weeks from today, detailing his grievances and the ground as to why he be considered for being engaged/appointed on the post of Senior Scientific Assistant, General Chemistry Section (Chemical Division), who, on receipt of the aforesaid representation, shall dispose it off by a reasoned order within a further period of four weeks.

7. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04/05/2019