Ranjan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3125 of 2018 ====================================================== Ranjan Kumar son of Sri Nand Kishor Mahto, Resident of Village P.O.- Tulsigarh, P.S.- Chandi, District- Nalanda at Bihar Sharif. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Directorate of Agriculture, Government of Bihar, Patna. 3.

The Bihar Staff Selection Commission, through its Chairman, Bihar, Patna. 4.

The District Magistrate, Nalanda at Bihar Sharif. 5.

The District Agriculture Officer, Nalanda at Bihar Sharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Raghwanand,GA-11 For the Commission :

Mr. Satyabir Bharti, Advocate Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2023 No one appears on call on behalf of the petitioner. The petitioner has prayed for the following relief: (i) for issuance of an appropriate writ/ writs in the nature of certiorari for quashing and set aside the order dated 09.01.2018 passed by the District Agriculture Officer Nalanda, through its vide letter no. 31, Ag./Nal./Bihar Sharif in the light of order passed by Agriculture Directorate vide letter no 6/E,A/09/2017-35 Agri. Patna daved 08.01.2018, to remove the petitioner from the service on the post of

2/4 Agriculture Co-ordinator, who has working as a contractual basis on the said posts;

(ii) for issuance of an appropriate writ/ writs, in the nature of certiorari for quashing and set aside the order dated 22.07.2017 passed by the Chairman Bihar Staff Selection Commission Patna, who has not considered the petitioner belongs to BC-I category (EBC) after scrutiny the form of the petitioner;

(iii) for issuance of appropriate writ/writs in the nature of mandamus directing and commanding the respondent authority to appoint the petitioner for the post of agriculture coordinator, who has working as the same post more than five years;

(iv) for issuance of an appropriate writ/writs in the nature of mandamus directing and commanding the respondents to appoint the petitioner for the post of Agriculture Coordinators, who has belongs to BC-1 Category, candidate and working from continuously about five years for the same post;

3/4 (v) for issuance of appropriate writ/writs in the nature of mandamus directing and commanding the respondents to petitioner submitted the BC1 certificate office of Bihar Staff Selection Commission, Patna and after publishing the result the petitioner name and Roll Number not reflected In the said result;

(vi) for issuance of an appropriate writ/writs in the nature of mandamus directing and commanding the respondents to appoint the petitioner for the post of agriculture coordinator who has fulfill the form as per directed by office of the Staff Selection Commission, Patna and petitioner belongs to BC-1 category (EBC) and the office of the Staff Selection Commission treated as a general category and not published the result of the petitioner;

(vii) for further directing the Respondents to publish the result of the petitioner as a BC-1 category (EBC) and appoint the petitioner in the post of Agriculture Co-ordinator in the

4/4 District of Nalanda at Bihar Sharif;

(viii) for any other relief/reliefs/order/orders, directions to which the petitioner may be found to be entitled.

From the counter affidavit of the Commission, it is clear that the petitioner who belongs to most backward class category had marked his candidature against OBC. The Annexure-A and B are testimonies to it.

Further, while counselling took place on 17.2.2016, the certificate of non creamy layer is dated 9.8.2016. No case is made out.

However, since no one has appeared on behalf of the petitioner, the writ petition is dismissed for non-prosecution. (Rajiv Roy, J) Ravi/- U