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Patna High CourtCWJC/8299/2015disposed

Md. Matloob Raza Khan And ORS v. The State Of Bihar And ORS

2019-07-31Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8299 of 2015 ====================================================== 1.

Md. Matloob Raza Khan and Ors Son of Late Md. Mustaque Khan, Resident of Village P.O.- Minapur Balha, Via- Parsauni, P.S.- Piprahi, DistrictSheohar. 2.

Mithilesh Kumar, Son of Surendra Prasad, Resident of Village- Purnwashi Bigha, P.O. and P.S.- Dalmia Nagar, District- Rohtas. 3.

Ambalika Tripathi, Daughter of Laxmi Kant Tripathi, Resident of Flat No. G-32/107/177, Alop Shankar Apartment, P.O. and P.S.- Alopibagh, DistrictAllahabad Uttar Pradesh. 4.

Aarti Kumari, Daughter of Sri B.D. Dohre, Resident of Type-III/32, Kendranchal Colony, P.O. and P.S.- Dhumanganj, District- Allahabad Uttar Pradesh.

5.

Priyanka Singh, Daughter of Vijay Bahadur Singh, Resident of 76/7, Neem Sarai, P.O. and P.S.- Mundera, District- Allahabad Uttar Pradesh. 6.

Sandeep Singh, Son of Sonepal Singh, Resident of C/o Putul Rani, Flat No. 403, Ravi Shankar Apartment , P.O. - Veterinary College, P.S.- Rajeev Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Deputy Director, Department of Home Government of Bihar, Patna. 4.

The Director General of Police, Government of Bihar, Patna. 5.

The Additional Director General of Police, Crime and Investigation Department, Government of Bihar, 6.

The Director, Forensic Science Laboratory, Crime and Investigation Department, Government of Bihar, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brisketu Sharan Pandey Ms. Aprajita For the Respondent/s :

Mr. N.P.Yadabv, SC 23 Mr. Sudhin Kumar Singh, AC to SC 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-07-2019 Petitioners claim to be M.Sc. Degree holder in Forensic Science. They have discharged contractual duties as

Patna High Court CWJC No.8299 of 2015(6) dt.31-07-2019 2/3 Senior Scientific Officers and Assistants in the Forensic Science Laboratory in the State of Bihar on contractual basis. Petitioners' Counsel submits that weightage in terms of marks granted on account of their experience granted by the notification dated 18.5.2015 does not take into consideration the fact that the marks should be granted having regard to the specific section in which the petitioners have experience so as to give them some preference/weightage for participating in the selection for appointment of Senior Scientific Officer or Senior Scientific Assistant in respect of the section of forensic science in which they have contractual experience.

The essence of the submission is that weightage marks should be based on their work experience in the various laboratory of the State of Bihar otherwise weightage marks would become meaningless if their experience in specific section of forensic science is obliterated.

In this respect it is submitted that the petitioners would be drawing attention of the Principal Secretary, Home Department, so as to make suitable amendment in the notification dated 18.5.2016 as otherwise experience acquired by the petitioners in the contractual appointment would be lost by the State in the matter of appointment.

Patna High Court CWJC No.8299 of 2015(6) dt.31-07-2019 3/3 The writ petition need not be kept pending as the issue has to be considered by the State Government. The writ petition is disposed of. The petitioners in terms of the submission advanced by the petitioners' Counsel would be at liberty to approach the Principal Secretary of the Home Department with their claims.

The writ petition is disposed of.

(Madhuresh Prasad, J) SNkumar/- U