Ankit Ayush, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14755 of 2021 ====================================================== 1.

Ankit Ayush, S/o Narendra Nath Pandey, Resident of Gayatri Nagar, Sudna, P.O. Sudna, P.S. Medininagar, District-Palamu, Jharkhand-822101. 2.

Chandan Kumar Jha, S/o of Amar Nath Jha, Resident of Village-Solhani, P.O. Balha, P.S. Supaul, District-Supaul, Bihar-852130. 3.

Rakesh Kumar Yadav, S/o Ram Bilash Yadav, Resident of H.No. - 22A, Chhattarpur, P.O.-Udaigarh, Village-Bandudih, P.S.-Chhatarpur, DistrictPalamu, Jharkhand-822113. 4.

Surabhi Shivendra, D/o Shivendra Pathak, Resident of Sujani Niwas, Jora Fatak Kabristand Road, Dhanbad, P.O. Dhanbad, District-Dhanbad, P.S.- Dhansar, Jharkhand-826001.

5.

Rahul Verma, S/o Umadeo Verma, Patel Nagar, Sihodih, P.O. Sirsia, DistrictGiridih, State-Jharkhand-815301. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

The Bihar Public Service Commission, 15 Jawaharlal Nehru Marg (Bailley Road), Patna.

4.

The Bihar Public Service Commission through its Chairman, Patna. 5.

The Secretary, Bihar Public Service Commission, Patna. 6.

The Joint Secretary cum Controller of Examination, Bihar Public Service Commission, Patna.

7.

B.I.T. Sindri through its Principal, Dhanbad Road, Town Sindri, P.S. Sindri, District Dhanbad, Jharkhand.

8.

Vinoba Bhave University through its Vice Chancellor, Vinoba Bhave University Road, District Hazaribagh, Jharkhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar, Advocate For the Respondent/s :

Mr.P. K. Verma ( AAG-3 ) Ms. Divya Verma, AC to AAG-3 For the BPSC :

Mr. Satyabir Bharti, Advocate Mr. Abhishek Anand, Advocate Ms. Kanupriya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2024 The present writ petition has been filed

Patna High Court CWJC No.14755 of 2021(2) dt.04-01-2024 2/3 seeking the following reliefs:- "1. i) To issue a writ/order/ direction in the nature of Certiorari for quashing the corrigendum letter dated 02.08.2021 issued under the signature of Joint Secretary cum Controller of Examination, Bihar Public Service Commission, Patna whereunder the final merit list/result dated 14.07.2021 has been cancelled to the extent of the candidatures of the petitioners on the ground that the degrees/certificates have been issued by the college and not by the University (Annexure 5-).

ii) To issue a writ/ order/ direction in the nature of Mandamus commanding the Respondent BPSC to make recommendations to the State Government pursuant to the Final Result published on 14.07.2021.

iii) To declare and hold that the provisional certificates issued by the college, B.I.T. Sindri in favour of the petitioners is on par with any certificate issued by a university.

iv) To declare and hold that the candidatures of the petitioners as published on 14.07.2021 are correct and in consonance with the terms of the Advertisement Nos. 02/2017,

Patna High Court CWJC No.14755 of 2021(2) dt.04-01-2024 3/3 03/2017 and 04/2017 dated 03.03.2017."

2.

At the outset, the learned counsel for the petitioners submits that since the petitioners have already been provisionally appointed, the present writ petition has been rendered infructuous, at the moment, however, the petitioners be granted liberty to approach this Court in case any fresh cause of action so arises in near future. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U