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Patna High CourtCWJC/18860/2013dismissed

Suresh Prasad Sah v. The State Of Bihar And ORS

2023-01-23Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18860 of 2013 ====================================================== Suresh Prasad Sah S/O Late Heman Sah R/O Village- Nayaganj, P.O.- Nayaganj, Block- Sahdei Bujurg, P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Department of Home (Prison), Govt. Of Bihar, Patna 2.

The Inspector General, Jail And Reform Services, Govt. Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-01-2023

1. No one appears for the petitioner as well as for the respondents.

2. The petitioner claims for appointment on the post of Assistant Jailor, on the basis of the result published by the respondents, wherein he was placed in the select list dated 26.02.2013.

3. Upon notice, the State has filed its reply, wherein it is stated that in the result published on 26.02.2013, it was specifically mentioned that it is a tentative result and the I.G. would be empowered to examine the result and issue a final select list. It is stated that a Committee was formed by the I.G. to examine the selection list dated 26.02.2013 and to correct any mistakes, which may have occurred in preparation of the select list.

4. It is further stated that the petitioner's case was also

Patna High Court CWJC No.18860 of 2013(2) dt.23-01-2023 2/2 examined and it was found that he was from Backward Class category and not from E.B.C. category. As his result was wrongly published in the E.B.C. category and, therefore, his name was removed from the final select list dated 01.08.2013. In the B.C. category the petitioner's name does not figure as per his merit. The Minutes of the Committee dated 3rd July, 2013 have also been placed on record.

5. There is no rejoinder filed by the petitioner to the counter affidavit.

6. Keeping in view, the statements as above and considering the Minutes of the Committee dated 3rd July, 2013, this Court is satisfied that the petitioner's name was wrongly mentioned in the select list and the same was liable to be corrected. No right was created in favour of the petitioner as the select list, which was published, was purely tentative and not final. There is no force in the petition.

7. The writ petition is accordingly dismissed. (Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 35 U