Prashant Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18186 of 2017 ====================================================== Prashant Kumar S/o Late Ashok Mehta, Resident of Makhania Kuan, Babu Tola Lane P.S.-Pirbahore, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road Patna-800001 through its 3.

The Chairman Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road Patna-800001 4.

The Secretary, Bihar Public Service Commission, 15-Jawaharlal Nehru Marg Bailey Road, Patna.-80000 5.

Sri Ram Nagesh Prasad Assistant Professor Department of Geography R.L.S.Y College, Bettiah West Champaran Pin Code- 845438Bihar. 6.

Sri Navin Kumar Assistant Professor , Department of Geography J.L. College, Hajipur, Vaishali, Pin null null 7.

Sri Jagriti Prabhat Assistant Professor, Department of Geography T.N.B. College, Bhagalpur Lower N 8.

Ms. Arti KumariAssistant Professor Department of Geography R.D. and D.J. College, Shastrinagar, Mun 9.

Ms. Swati SinhaAssistant Professor Department of Geography V.B. Mahila College, Mirganj, Road, NH10.

Sri Bolendra Kumar Agam Assistant Professor Department of Geography Raja Singh College, Andar Road null null 11.

Sri Ravikant Anand Assistant Professor Department of Geography R.C.S. College, Manjhaul, Begusarai 12.

Sri Shashi Bhushan Kumar Assistant Professor Department of Geography R.K. College, Madhubani, Rahi 13.

Ms Meenakshi Assistant Professor Department of Geography R.L.S.Y College, Bakhtiyarpur, Pin Code14.

Ms Rashmi Ranjana Assistant Professor Department of Geography Nalanda College, Biharsharif Garhpa null null 15.

Ms Bhawna Assistant Professor Department of Geography Nalanda College, Biharsarif Pin Code- 80311 16.

Ms Animka Assistant Professor Department of Geography S.H. College, Hilsa Nalanda, Pin Code Veer 17.

Mr. Sandeep Sagar Assistant Professor Department of Geography H.D. Jain College, Bhojpur Ara, P 18.

Sri Sailesh Kumar Assistant Professor, Department of Geography S.V.P. College, Bhabhua Kaimur, P ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Respondent/s :

Mr.Madhaw Prasad Yadav -Gp23 For BPSC :

Mr. Sanjay Pandey

Patna High Court CWJC No.18186 of 2017(9) dt.22-07-2019 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-07-2019 The only issue involved in the present writ application is whether the petitioner has to suffer for the mistake committed by the BPSC in awarding marks. It is admitted by the BPSC vide Annexure-C in the counter affidavit that petitioner was entitled to additional marks for obtaining the M. Phil degree. Four marks was awarded to others but the petitioner was granted only two marks. In the the letter dated 23.2.2018 addressed to Principal Secretary of the Education Department request was made to accommodate the petitioner by creating additional post in the reservation category of petitioner.

In the circumstances when admittedly the petitioner is entitled to award 80 marks whereas last candidate recommended has secured 79 marks, the respondents have to adopt corrective measure and consider the case of the petitioner either by creating additional post or by making room for the petitioner in BC category by ousting the person who is below in the merit list recommended for the post as petitioner cannot be made to suffer for the mistake or illegality committed by the BPSC.

Patna High Court CWJC No.18186 of 2017(9) dt.22-07-2019 3/3 the candidate who was recommended for such post, ignoring the marks of this petitioner.

Corrective measure in this regard may be taken by the respondent Principal Secretary within a period of 30 days from the date of receipt/production of a copy of this order in view of Annexure-C that petitioner has secured 80 marks whereas last candidate recommended having 79 marks,the respondents have to act accordingly.

(Anil Kumar Upadhyay, J) Ravi/- U