Rajeev Kumar v. The Bihar Public Service Commission, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15130 of 2021 ====================================================== Rajeev Kumar, Son of Shri Balchand Prasad, Resident of Mohalla- New Magadh Colony, Gagan Diwan, Town- Bihar Sharif, Dist- Nalanda, Bihar803101. ... ... Petitioner/s

Versus

1.

The Bihar Public Service Commission, Patna through its Secretary, 15, Jawahar Lal Nehru Marg, Bailey Rd, Patna, Bihar 800001. 2.

The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna.

3.

The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Respondent/s :

Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

3. In the instant petition, the petitioner has prayed for the following reliefs:

"a. For the quashing of order / result contained in the final result published on 14.07.2021 issued under the signature of Joint Secretary-cum-Examination Controller, Bihar Public Service Commission relating to Assistant Engineer (Civil) Competitive Examination pursuant to advertisement no. 02/2017 to the extent it relates to the petitioner whereby the candidature of the Petitioner (having Roll no.214339 and Registration no.201702004445) has been cancelled/rejected. b. For direction to the Respondent authorities to declare the Petitioner as a successful candidate in the

Patna High Court CWJC No.15130 of 2021 dt.11-01-2022 2/2 final result of Assistant Engineer (Civil) Competitive Examination conducted by Bihar Public Service Commission vide advertisement no. 02/2017 and to include his name in the panel recommended / final result published by the said commission.

c. For any other relief(s) for which the petitioner is entitled."

4. Without arraying the last candidate as party. In respect of seeking certain information of about last candidate, the petitioner is stated to have requested the concerned authority, as is evident from I.A. No. 1 of 2022.

5. The concerned selecting and appointing authority is hereby directed to furnish the relevant information sought by the petitioner. As and when the information is furnished to the petitioner, he is permitted to file fresh petition.

6. The present petition stands dismissed for non-joinder of necessary party in the light of the decision of the Apex Court in the case of Ranjan Kumar & Ors Vs. The State of Bihar & Ors., reported in (2014) 16 SCC 187 (Para 3 to 13).

7. Consequently, pending interlocutory application stands disposed of.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.01.2022 Transmission Date NA