Mr. Abhishek Kumar Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23317 of 2013 ====================================================== Mr. Abhishek Kumar Rai S/O Narendra Kumar Rai Resident Of Vishwanath Bhawan, Indira Nagar, Vivekanand Marg, Narainapur Road, Ram Nagar, West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.
2.
The Secretary, Home Department, Government of Bihar, Patna. 3.
The Secretary, General Administration And Reforms Department, Government Of Bihar, Patna.
4.
The I.G. Prison, Home Department, Government Of Bihar, Patna. 5.
The Joint Secretary- Cum- Director Prison And Reforms Services Directorate, Home Department, Govern 6.
The Secretary, Central Selection Board of Constable, (Constable Recruitment) Back of Hoarding Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyan Prakash Ojha, Advocate For the State :
Mr.Ajay Bihari Sinha, GA-8 Ms.Kalpana, AC to GA-8 For CSBC :
Mr.Sanjay Pandey, Advocate Mr.Binod Kumar Mishra, Advocate Mr.Vivek Ananad Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-06-2023 The present writ petition has been filed seeking the following relief:- "That the present writ application is being field of quashing the merit list published on 09.08.2013 as well as select list published on 22.09.2013 pursuant to the advertisement published on 26.06.2010 in daily news paper Hindustan for selection and appointment on the post of Dresser in the department of Prison and Reforms Services, Home Department,
Patna High Court CWJC No.23317 of 2013(2) dt.23-06-2023 2/3 Government of Bihar, Patna and further for issuance of order or direction commanding the respondents not to proceed/appoint in terms of merit list as well as select list (as mentioned above]till the final outcome of this writ petition and or be pleased to pass such other order or direction as your lordship may deem fit and proper."
The learned counsel for the respondent- Central Selection Board of Constable has referred to the counter affidavit, filed in the present case, more particularly paragraph no.6 onwards to submit that the written examination was conducted on 28.04.2013, wherein the petitioner had appeared alongwith other candidates, whereafter the result was published on 31.07.2013, in which 386 candidates, including the petitioner herein, was declared successful, however, subsequently, laboratory test was held, wherein also the petitioner had appeared alongwith other candidates and then the respondentBoard had recommended 87 successful candidates to the concerned department for appointment on the post of dresser vide letter dated 04.09.2013. It is further submitted by referring to paragraphs no. 9 to 10 of the counter affidavit, filed in the present case, that the petitioner being a general category candidate had secured 44 marks whereas the cut-off marks in his
Patna High Court CWJC No.23317 of 2013(2) dt.23-06-2023 3/3 category is 46 marks, hence he was not appointed and moreover none of the candidates having secured lesser marks than the petitioner have been appointed as dresser, thus there is no merit in the present writ petition.
In view of the aforesaid, this Court finds that the present writ petition is bereft of any merit, hence is dismissed. (Mohit Kumar Shah, J) sonal/- U