Shruti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9641 of 2020 ====================================================== 1.

Shruti Kumari D/o Sri Arun Singh, R/o Village Kobil, P.S. Islampur, District - Nalanda.

2.

Navneet Kumar, S/o Sri Arun Singh, R/o Village Kobil, P.S. Islampur, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Addl. Secretary, The Bihar Urban Development And Housing Department (UD and HD), Government of Bihar, Vikas Bhawan, Bailey Road, Patna, Bihar.

2.

The Secretary, The Bihar Urban Development And Housing Department (UD and HD), Government of Bihar, Vikas Bhawan, Bailey Road, Patna, Bihar.

3.

The Addl. Secretary, The Bihar Urban Development And Housing Department (UD and HD), Government of Bihar, Vikas Bhawan, Bailey Road, Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 06-01-2022 Heard the learned counsels for the parties.

2. In the instant petition, petitioners have prayed for following reliefs:

"1. That this is writ application praying for issuance of an appropriate writ order, direction commanding the Respondents for following reliefs:- i. For quashing of amended list of selected candidates followed by Amended Result vide Intercepted Notice, which published as "Awashyak Suchna dated 28/05/2020" (On

Patna High Court CWJC No.9641 of 2020 dt.06-01-2022 2/3 the Departmental website - www.urban.bih.nic.in) (Annexure-4) and may kindly declare the same as invalid to the extent against the Petitioners for the posts of Junior Engineer (Civil) on Contractual basis (Under the EWS Category) in the selection process of the Recruitment under Bihar Urban Development And Housing Department (UD & HD) against the advertised, advertisement vide Sankalp "Gyapank No.

dated 18/07/2007 (Annexure1). The Recruitment Advertisement has published and republished vide Press Release No.

6590/ 2019 (P.R. No. - 012284/ 15.12.2019) by the Respondent No. 3.

ii. For setting aside the Rule No. 10 in the above said Recruitment Advertisement vide Sanlakp Gyapank No.

2401 dated 18/07/2007 as the same is arbitral and unilateral in nature and against the principle of natural justice.

iii. For issuing direction to the Respondent No. 3 to consider the candidature of the Petitioners for the post of Junior Engineer (Civil) on Contractual basis (Under the EWS Category) under the

Patna High Court CWJC No.9641 of 2020 dt.06-01-2022 3/3 Annexureadvertisement as the Petitioners have been duly selected, published and placed in the 1st list of selected candidates and called for counselling.

iv. For staying the operation of Annexure- 4 during pendency of the present writ petition.

v. For any other relief as your Lordships may deem fit and proper in the facts and circumstances of the present case."

3. In the instant petition, petitioner has not arrayed the necessary and proper parties whose rights are likely to be affected in the event petition is allowed.

4. Accordingly, the instant petition stands dismissed for non-joinder of necessary and proper parties reserving liberty to the petitioner to file fresh petition.

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