Dr. Amlesh Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1717 of 2014 IN Civil Writ Jurisdiction Case No. 2652 of 2014 =========================================================== Dr. Amlesh Verma Son of Ram Balak Verma Resident of village - Barauna, PO - Khajuria, Via Naubatpur, P.S. Naubatpur, District - Patna. .... .... Appellant/s

Versus

1. The State of Bihar through its Principal Secretary, Higher Education Department, Human Resources Department, Government of Bihar, Patna.

2. Kameshwar Singh Darbhanga Sanskrit Vishwavidyalay through its Vice Chancellor.

3. The Registrar, Kameshwar Singh Darbhanga Sanskrit Vishwavidyalay, Darbhanga.

4.

The Selection Committee, Kameshwar Singh Darbhanga Sanskrit Vishwavidyalay, Darbhanga.

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

For the Appellant/s : Mr. Prahalad Kumar Bhagat For the Styate : Mr. S D Yadav, AAG 9 For the University : Mr. Tej Bahadur Singh,Sr. Advocate Mr. Awadhesh Prasad Siha =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-11-2017 Seeking exception to an order dated 07.11.2014 passed by the learned Writ Court in CWJC No. 2652 of 2014 this appeal has been filed under Clause 10 of the Letters Patent. Grievance of the petitioner is that an advertisement was issued by Kameshwar Singh Darbhanga Sanskrit Vishwavidyalaya in the year 2009 for appointment on the post of Lecturer. Initially the advertisement was issued. It was cancelled and thereafter

Patna High Court LPA No.1717 of 2014 dt.06-11-2017 2/2 impugned advertisement was issued in 2009, the petitioner was called for interview, selection process had taken place and till date nothing has been done and, therefore, the writ petition in question was filed.

The learned Writ Court found that for the advertisement in the year 2009 now in the year 2014 no mandamus can be issued for filling up the post. We see no reason warranting reconsideration in the matter. The petitioner has no right to seek a mandamus for concluding the process of selection taken place in the year 2009. At best, if vacancies are available, fresh advertisement is made, the appellant may take part in the process of selection as per his eligibility in accordance with law.

Finding no case for interference in the matter, the appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08/11/2017 Transmission Date N.A.