Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8615 of 2022 ====================================================== Avinash Kumar S/o- Nanak Sharan Das R/o- Surbhi Vihar, P.O.- Dhelwan, P.S.- Beur, Dist- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary, Higher Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.

3.

The Chairman Bihar Public Service Commission, Patna. 4.

The Secretary Bihar Public Service Commission, Patna. 5.

Joint Secretary cum Examination Controller Bihar Public Service Commission, Patna.

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

For the Petitioner/s :

Mr. Ravi Kumar, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy-1, SC-13 Mr. B.B. Pal, AC to SC-13 For the B.P.S.C. : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2025 Heard learned counsel for the parties.

2. By filing the present writ application, the petitioner seeks a direction to the respondent authorities to issue call letter to the petitioner for taking his interview in the subject of Hindi for which he has qualified in the written examination and got more marks than the cut off mark fixed for the interview in it but still he has not been called for the interview by the respondent authority.

3. A counter affidavit filed on behalf of the B.P.S.C. is on record. In the counter affidavit, it is, inter alia, stated that the

Patna High Court CWJC No.8615 of 2022(7) dt.13-02-2025 2/2 petitioner has obtained 20 marks out of total marks 60. Thus, he has secured only 33.33%, whereas he was required to obtain minimum 40% marks i.e. 24 marks out of total 60 marks to be included in the merit list. Since, the petitioner did not obtain minimum qualifying marks in the written examination, he was not included in the merit list to be declared successful for calling in interview.

4. In view of the above factual position, this writ application has no merit and is dismissed accordingly. (Anjani Kumar Sharan, J) Trivedi/- U