Arbind Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6914 of 2015 ======================================================
1. Arbind Kumar Singh son of Shiv Balak Singh, Resident of villageJasauli Tole Goha, P.O. Jasauli Pakari, P.S. Kathaiya, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of Bihar, Patna.
4. The Joint Director, Primary Education, Education Department, Government of Bihar, Patna.
5. The Staff Selection Commission, Bihar, Patna through the Chairman, Veterinary College, Campus, Patna.
6. The Chairman, the Staff Selection Commission, Bihar, Patna, Veterinary College, Campus, Patna.
7. The Secretary, the Staff Selection Commission, Bihar, Patna, Veterinary College, Campus, Patna.
8. The State Disability Commissioner, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. P.K. Verma, AAG-5 Mr. Saroj Kumar Sharma, AC to AAG-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 30-03-2016 Heard Mr. Vijay Kumar Singh, learned Counsel, appearing on behalf of the petitioner, and Mr. P.K. Verma, learned Additional Advocate General No.5, appearing on behalf of the State-respondents. Heard also Mr. S.S. Sundram, learned Counsel, appearing on behalf of Bihar Staff Selection Commission. With the help of this writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest
Patna High Court CWJC No.6914 of 2015 (2) dt.30-03-2016 2/3 Litigation, the petitioner has expressed the grievance that in the process of filling up of vacancy, numbering 35,540 in the post of Assistant Teacher, pursuant to Advertisement No.210 of 2010, issued by the Bihar Staff Selection Commission, the requirement of filling up of 3% of the total vacant posts by physically handicapped persons has not been fulfilled.
As regards the above grievance of the petitioner, the State-respondents have pointed out that the said vacancies have been filled up pursuant to the directions issued by the Supreme Court and that in the process of filling up of the vacant post, the requisite reservation policy for physically handicapped persons has been followed and that the entire selection process has been carried out under the supervision of a retired Judge of this Court and that all the statutory requirements have been complied with. In view of the above, we are not inclined to proceed with this Public Interest Litigation, more so, when we find that no aggrieved handicapped candidate has come forward with the grievance that while filling up the vacant post aforementioned, the requisite provisions of law relating to reservation meant for handicapped person has not been followed.
In the circumstances indicated above, we dismiss this writ petition. The dismissal of this writ petition shall not create any bar for person, who may feel aggrieved, because of the filling
Patna High Court CWJC No.6914 of 2015 (2) dt.30-03-2016 3/3 of the vacancies aforementioned.
(I.A. Ansari, ACJ) (Anjana Mishra, J) Mkr./- U