Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10463 of 2019 ====================================================== 1.
Rahul Kumar S/o Anil Prasad resident of Mo- Shivajee Path, Police StationJehanabad, District- Jehanabad. 2.
Rohit Kumar S/o Rajendra Kumar resident of Mo- Pathak Toli, P.S. Jehanabad, District- Jehanabad.
3.
Dilshad Alam S/o Shabuddin resident of Moh.- Court Area, P.S.- Jehanabad, District- Jehanabad.
4.
Kundan Kumar S/o Sanjay Kumar resident of Vill- Gandhar, P.S.- Ghosi, District- Jehanabad.
5.
Amar Singh S/o Bhola Prasad resident of Vill- Bahadur Bigha, P.S.- Masaurhi, District- Patna.
6.
Rajesh Kumar S/o Birda Prasad resident of Vill- Pandui, P.S.- Parsabigha, District Jehanabad.
7.
Deepak Kumar S/o Ganauri Prasad resident of Vill- Sundi Bigha, P.S.- Ekangar Sarai, District- Nalanda.
8.
Anish Kumar S/o Brijnandan Kumar resident of Vill- Makhdumpur Bazar, P.S.- Makhdumpur, District- Jehanabad.
9.
Sikandar Kumar S/o Mahendra Prasad resident of Mo- Maharaj Chak, P.S. Masaurhi, District Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary General Administration Department, Government of Bihar, Patna.
2.
The Director, Bihar Prashashik Sudhar Mission Society (B.P.S.M), General Administration Department, Government of Bihar, Patna. 3.
The District Magistrate, Jehanabad.
4.
The Additional Collector, Jehanabad.
5.
The Director, District Rular Development Agency, Jehanabad. 6.
The Deputy Collector, Establishment, Jehanabad. 7.
The I.T Manager, I.T Cell, Jehanabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek, Adv.
For the Respondent/s :
Dr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-06-2025 Heard the parties.
Patna High Court CWJC No.10463 of 2019(2) dt.23-06-2025 2/3
2. The petitioners have invoked the jurisdiction of this Court seeking a direction upon the respondent authorities to select and appoint them on the post of Executive Assistant Officer, after following the procedure as prescribed in accordance to the panel positions, as prepared by respondent authorities in execution of Right to the Service Act, 2011, under the Bihar Prashashnik Sudhar Mission Society (General Administration Department).
3. Without delving into the merit of the case, learned Advocate for the petitioners submitted that the case of the petitioners is squarely covered with the decisions rendered by a Bench of this Court in the case of Niraj Kumar Gupta & Ors. Vs. The State of Bihar & Ors., CWJC No. 6495 of 2017, which came to be disposed off on 18.08.2018.
4. Identically situated persons have also approached this Court in CWJC No. 16162 of 2021 and sought liberty to avail alternative remedies as are otherwise available under the law, for redressal of their grievance.
5. Learned Advocate for the State submitted that the entire process of selection already come to an end and no positive order could be passed. He further apprised this Court that till date, no instruction has been received and there is no
Patna High Court CWJC No.10463 of 2019(2) dt.23-06-2025 3/3 counter affidavit in the matter.
6. Considering the submissions set forth by the learned Advocate for the petitioners seeking parity to the petitioners of CWJC No. 6495 of 2017, this Court without delving into the merit of the case dispose off the writ petition with a liberty to the petitioners to approach before the District Magistrate, Jehanabad along with the decision of this Court, on which the petitioners are placing reliance, preferably within a period of four weeks, from today.
7. In case, the petitioners approached the concerned authorities, he shall consider the same and dispose off in accordance with law, preferably within a period of twelve weeks.
(Harish Kumar, J) shivank/- U