Shashi Bhushan Kumar v. Bihar Staff Selection Commission,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.465 of 2021 ====================================================== 1.

Shashi Bhushan Kumar Son of Yogeshwar Prasad Yadav Resident of Chand Kumar Singh Path, Gangjala, ward No. 17, P.s. and District- Saharsa 2.

Prabhu Nath Sah Son of Late Mahadev Sah Resident of Village- Sripur, P.s.- Madhepura, District- Madhepura 3.

Ajay Kumar Azad Son of Yogendra Paswan Resident of Village- Kushha Purbi, Ward no. 10, , P.s.- Kumar Khand, District- Madhepura 4.

Pankaj Kumar Son of Yogendra Yadav Resident of Village- Fatehpur, P.s.- Bihariganj, District- Madhepura 5.

Dinesh Kumar Son of Jaldhar Prasad Yadav Resident of Village- Navtoliyab, Bhirkhi, Ward No. 21, near Dr. P. Tuti Clinic, P.s.and District- Madhepura 6.

Ramdeo Kumar Son of Bijendra Prasad Resident of Village- Baijnathpur, P.s.- Sour Bazar, District- Saharsa 7.

Raj Ranjan Ravi Son of Narayan Prasad Resident of Village- Hatiya Gachhi ward no. 21, P.s. and District- Saharsa 8.

Chandan Kumar Son of Ramdeo Paswan Resident of Village- Murli Basantpur, P.s.- Bangaon, District- Saharsa 9.

Raja Ram Bharti Son of Jay Prakash Bharti Resident of Village- Goth, Khutauna, P.s.- Khautauna, District- Madhubani ... ... Petitioner/s

Versus

1.

Bihar Staff Selection Commission, Patna through its Secretary, P.o.- Vetrinary College, Patna-800014 2.

The Chairman, Bihar Staff Selection Commission, P.o.- Vetrinary College, Patna-800014 3.

The Secretary, Bihar Staff Selection Commission, P.o.- Vetrinary College, Patna-800014 4.

The Controller of Examination, Bihar Staff Selection Commission, P.o.- Vetrinary College, Patna-800014 5.

Principal Secretary, Health Department, Govt. of Bihar, Patna 6.

Director, Health Services, Health Department, Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Respondent/s :

Mr. S.D. Yadav, AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-01-2022

Patna High Court CWJC No.465 of 2021 dt.13-01-2022 2/3 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioners have prayed for the following reliefs:- "(i) For issuance of writ in the nature of Mandamus direction the Respondents to include the name of Petitioners in the list for taking part in the interview for the post of Lab Technicians in Advt. No. 05010115 as their names have been ousted from the list of Interview on 29-5-2020 by the Secretary, Bihar Staff Selection Commission, Patna.

(ii) For direction to the Respondents to allow the petitioners for taking part in interview in pursuant to Advt. No. 05010115 published by Bihar Staff Selection Commission, Patna.

(iii) For direction to Respondents to consider the Certificates of Diploma in medical Laboratory Technique courses succeeded and possessed by the petitioners from recognized institutions, i.e. Institute of Medical & Technology Research, Calcutta, West Bengal, North Bengal Para Medical College, Alipurduar, Jalpaiguri, West Bengal and Allahabad Agriculture Institute Deemed University for the post of Lab Technicians in pursuant to Advt. No. 05010115.

(iv) For any other appropriate writ, order, direction save and except in accordance with law."

Patna High Court CWJC No.465 of 2021 dt.13-01-2022 3/3 Grievance of the petitioners is relating to participation in the process of interview for the post of Lab Technician pursuant to the Advertisement No. 050101155.

Interviews were stated to have been held on 29.05.2020 whereas the present petition is presented on 05.01.2021. On the ground of delay and laches and the fact that the process of interview to the post of Lab Technician pursuant to the Advertisement No. 05010115 is already completed, therefore, the petitioners are not entitled to the relief sought in the present petition. Hence, present petition stands dismissed. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A