Mukesh Verma And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4296 of 2004 ======================================================

1. Mukesh Verma, son of Shri Satrughan Narain Verma, resident of village-Chitragupta Nagar Pokharia, Begusarai, P.S.&DistrictBegusarai.

2. Mritunjay Kumar, son of Shri Bhubneshwar Prasad Singh, resident of village-Iniyiar, P.S.&District-Begussarai.

.... .... Petitioners

Versus

1. The State of Bihar

2. Bihar Public Service Commission, Bailey Road, Patna.

3. The Collector, Begusarai.

4. Subodh Prasad, son of Asharfi Mahto, resident of Mohalla Chhoti Balia, P.O.& P.S.-Lakhminia, District-Begusarai.

5. Ram Ashok Paswan, son of Abhirak Paswan, resident of village More, P.S.-Mokama, District-Patna.

6. Rakesh Kumar, son of Nand Kishore Prasad, resident of village Bara Khurd Bigha, P.S. Noorsarai, District-Nalanda.

7. Dinesh Kumar, son of late Lutan Mahto, resident of village Bishanpur, P.S.-Lakhminia, District-Begusarai.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Priya Sharan Singh Mr. Dhiranjan Kumar Sinha Mr. Krishna Bihari For the Respondent no.2 : Mr. Md.Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-01-2015 The two petitioners have filed the present writ petition under Article 226 of the Constitution of India for the reliefs enumerated in paragraph 1 of the writ petition, which reads as follows:- "That this application is for issuance of a writ in the nature of mandamus directing the respondent no.2 (Bihar Public Service Commission) to hold a fresh examination for Regional Service (Main) Examination for Begusarai District in response to advertisement no.46/98 and to allow the

Patna High Court CWJC No.4296 of 2004 (6) dt.09-01-2015 petitioners to appear in the said examination."

From the pleadings of the parties, it is apparent that the selection process started as far back as in the year 1998 for appointment on class-III posts on the basis of the advertisement no.46/98. Admittedly, the selection process concluded long long ago. Since the date of aforesaid advertisement no.46/98 more than 16 years have already been elapsed. Under the amended Statute, now the selection on class-III posts is required to be made by the Bihar Staff Selection Commission and not by the Bihar Public Service Commission. In the aforesaid circumstances, relief sought for cannot be granted to the petitioner in the present proceeding. Hence, this Court is left with no option, but to dismiss the present writ petition. It is, accordingly, dismissed, but without costs.

(Birendra Prasad Verma, J) Arvind/- U