Prince Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12325 of 2013 =========================================================== Prince Kumar Son Of Shri Suresh Prasad Singh Resident Of Village- Birpur, P.O.- Belaw, P.S.- Barbigha, District- Sheikhpura .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Convenor-Co-Ordination Committee, Patna Cum District And Session Judge, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gyan Prakash, Adv. For the Respondent/s : Mr. Kameshwar Prasad Gupta, GP-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 19-10-2016 Heard learned counsel for the petitioner and counsel for the State.

The petitioner had applied for the post of Clerk against an advertisement published in the daily Hindi newspaper, namely, Dainik Jagran on 6.2.2011. Accordingly, he appeared in the written test, qualified in the same and called for interview but, in the final merit list, his name was not mentioned.

In the writ application, it has been stated that the last person who was appointed in the Most Backward Category had obtained less marks than the petitioner but, the petitioner has been wrongly deprived from being appointed.

In the counter affidavit, learned counsel for the State has

Patna High Court CWJC No.12325 of 2013 dt.19-10-2016 pointed out that in the application, he has given the category of Backward Caste, not the Most Backward Case and, while making selection, competing with the Backward Caste Category, the last person who was selected under that category, has obtained higher marks than the petitioner.

Learned counsel for the petitioner has pointed out that as there was no option of the Extremely Backward Category (E.B.C.), under the wrong impression, he has given his category of Backward Category (B.C.) but, in the caste certificate, it has been mentioned his category including his caste and, as such, his case should have been considered in the light of certificate granted by the competent authority showing him in the Most Backward Category (M.B.C.) This Court cannot pass a mandamus. The reason is that the last person in the Most Backward Category (M.B.C.) is not before this Court and any direction for appointment of the petitioner will ultimately affect the future of that candidate which cannot be perceived in the present proceeding.

In that view of the matter, let this matter be referred to the Convener of the Co-ordination Committee cum District Sessions Judge, Patna who will consider the case and act in accordance with law. All the process should be done by the competent authority within a period of four months from today.

Patna High Court CWJC No.12325 of 2013 dt.19-10-2016 disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.10.2016 Transmission Date