Neelam Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2675 of 2015 ===========================================================
1. Neelam Kumari Daughter of Sitaram Thakur at Present posted at Metron Office DMCH, Laheriasarai, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna.
2. The Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Old Secretariat, Patna.
3. The Principal Secretary, Department of Health , Government of Bihar, Vikash Bhawan , New Secretariat , Patna.
4. The Director - in - Chief, Department of Health , Government of Bihar, Vikas Bhawan, New Secretariat , Patna.
5. The Bihar Staff Selection Commission Patna through its Secretary,Veterinary College, Patna.
6. The Chairman , Bihar Staff Selection Commission, Veterinary College, Patna.
7. Teh Secretary, Bihar Staff Selection Commission, Veterinary College, Patna. . .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ugranath Mallik For the Respondent/s : Mr. Kamla Kant Upadhyay =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-03-2015 *************** 17.03.2015 Heard learned counsel for the parties.
The reason for non-selection of the petitioner has been clearly indicated in the counter affidavit filed on behalf of Respondent Nos. 5 to 7.
There was a minimum qualifying marks fixed even for interview. The petitioner did not even get the minimum qualifying marks in the interview and that was the reason for her non-selection.
The submission of the counsel that no such provision was there in the requisition prescribed in the
Patna High Court CWJC No.2675 of 2015 dt.17-03-2015 2/2 said advertisement, so the advertisement could not talked about, is a speculative kind of submission, because ultimately selection has to be made on the basis of the qualification and the eligibility laid down in the advertisement, which has been applied across the board. If the petitioner fails to achieve the minimum qualifying marks in the interview, respondents cannot be blamed for the same.
Writ application has no merit, it is dismissed. (Ajay Kumar Tripathi, J.) SKM/- U