Onkar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9746 of 2025 ====================================================== 1.

Onkar Sharma Son of Late Kishor Sharma, Resident of Village- Dhamna, P.S. - Jhajha, Distt- Jamui.

2.

Dinesh Gupta, Son of Shyam Sundar Tanti, Resident of Village - Kalyanpur, P.S.- Jamui, Distt- Jamui.

3.

Vishal Kumar Sharma, Son of Nakul Kumar Sharma, Resident of village - Kalyanpur, P.S- Jamui, Distt- Jamui.

4.

Kuldip Kumar Keshri, Son of Late Jay Kumar Keshri, Resident of Viliage - Purani Bazar, P.S. - Jamui, Distt- Jamui.

5.

Subas Kumar, Son of Late Prem Chandra Sharma, Resident of Village - Indpay, P.S. Jamui, Distt- Jamui.

6.

Chandan Kumar, Son of Bhola Mandal, Resident of Village - Dukhnadih, P.S. - Jamui, Distt- Jamui.

7.

Balram Srikirishna, Son of Sudama Tanti, Resident of village - Kalyanpur, P.s. - Jamui, Distt - Jamui.

8.

Raj Kumar Saw, Son of Late Ramkhelawan Saw, Resident of village - Adsar, P.S. - Jamui, Distt- Jamui.

9.

Jainandan Kumar, Son of Ramlakhan Mandal, Resident of village - Nawakadih Garsanda, P.S. Jamui, Distt- Jamui. 10.

Arun Kumar Thakur, Son of Bandhu Thakur, Resident of village- Kalyanpur, P.S.- Jamui, Distt.- Jamui.

11.

Ratan Kumar Pan, Son of Kedar Tanti, Resident of village- Kalyanpur, P.SJamui, Distt- Jamui. 12.

Ravi Kumar Tanti, Son of Bideshi Tanti, Resident of village - Sikhariya, P.SJamui, Distt- Jamui. 13.

Manoj Kumar, Son of Rajendra Tanti, Resident of village - Sirchand Nawada, P.S- Jamui, Distt- Jamui.

14.

Arun Kumar, Son of Mahendra Mandal, Resident of village- Kalyanpur, P.S.- Jamui, Distt- Jamui.

15.

Ravi Ranjan Tiwari, Son of Late Suresh Chandra Tiwari, Resident of Village- Garhwa Katauna, P.S. - Mallehpur, Distt.- Jamui. 16.

Pintu Kumar, Son of Late Karoo Yadav, Resident of village- Bihari, P.S.- Jamui, Distt- Jamui.

17.

Gopal Sah, Son of Late Huro Sah, Resident of village- Hansdih, P.S.- Jamui, Distt- Jamui.

18.

Jaishanker, Son of Devendra Singh, Resident of village- Bhour, P.S.- Khaira, Distt- Jamui.

19.

Mukesh Kumar Gupta, Son of Late Shanti Tanti, Resident of villageKalyanpur, P.S.- Jamui, Distt- Jamui. 20.

Raj Kumar Gupta, Son of Late Bhikho Sah, Resident of village - Mallehpur, P.S.- Mallehpur, Distt.- Jamui.

21.

Rajesh Kumar, Son of Chunchun Modi, Resident of village - Nardih, P.S.- Jamui, Distt- Jamui.

22.

Mithun Rawat, Son of Late Chunchun Prasad Rawat, Resident of VillageBihari, P.S.- Jamui, Distt- Jamui.

2/5 23.

Ramjee Kumar, Son of Shrikant Mandal, Resident of village- Bijuahi, P.S.- Jamui, Distt- Jamui.

24.

Tinku Kumar Rajak, Son of Late Sitaram Rajak, Resident of village - Kachari Road, P.S.- Jamui, Distt- Jamui.

25.

Chandan Kumar Pandey, Son of Lakshmikant Pandey, Resident of VillageNardih Amrath, P.S. - Jamui, Distt- Jamui. 26.

Sandeep Kumar, Son of Late Naresh Thakur, Resident of village- Mahishori, P.S.- Jamui, Distt- Jamui.

27.

Dharmendra Kumar, Son of Late Rameshwar Tanti, Resident of village - Mallehpur, P.S.- Mallehpur, Distt- Jamui.

28.

Rishikant Sharma, Son of Sarayu Sharma, Resident of village - Hariyadih Bhaur, P.S.- Khaira, Distt- Jamui.

29.

Gautam Kumar Sharma, Son of Shankar Sharma, Resident of village - Mahisaudi, P.S.- Jamui, Distt- Jamui.

30.

Ram Chandra Kumar, Son of Parmeshwar Mahto, Resident of villageDaulatpur, P.S.- Jamui, Distt- Jamui. ... ... 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 Secretary Bihar Staff Selection Commission, Veterinary College Campus, Patna.

4.

The Divisional Commissioner, Munger Division, Munger, Fort Area, P.S.- Kotwali, Dist.- Munger.

5.

The District Magistrate, Jamui, P.O. and P.S.- Jamui, District - Jamui. 6.

The Collector cum Chairman Selection Committee for Appointment of Class- IV Employee, Jamui.

7.

The Deputy Collector (Estab.), Jamui, P.O. and P.S.- Jamui, District- Jamui. 8.

The Additional District Magistrate (Estb.), Jamui, P.O. and P.S.- Jamui, Dist.- Jamui.

9.

The District Welfare Officer, Jamui, P.O. and P.S.- Jamui, Bihar. 10.

The Sub- Divisional Officer, Jamui, Dist.- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Adv.

For the Respondent/s :

Mr.Standing Counsel 06 For the BSSC :

Mr. S.S. Sundaram, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2025 Heard Learned Counsel for the petitioners, Learned

3/5 Counsel for the State and Learned Counsel for the BSSC.

2. Learned Counsel for the petitioners submits that the present writ petition has been filed with the following reliefs:- i. For commanding and directing the respondents to stay the operation of letter No. B.S.S.C Pr. 03/Examination- 22/2020(V) 1887/Aa. Dt. 19.05.2025 (annexure P-7) issued under the signature of Secretary Bihar Staff Selection Commission, Patna where by and where under final result of 63 candidates have been published in the light of advertisement issued at the district level for appointment to the post of office Peon/family (Special) as one time measure of the applicants. ii. For issuance of an order, direction or writ including in the nature of Mandamus commanding the respondents to grant appointment letters to the petitioners who has been finally selected in the selection processes.

iii. For Commanding and directing the respondents to provide exact vacant seat in the deferent offices of collectorate Jamui so that petitioners could be appointed.

iv. For commanding and directing the respondents to follow the guideline and direction has been given by this Hon'ble Court in C.W.J.C. No. 18612/2019 (Kapil Kumar Vs The State of Bihar and others) vide order dt. 18.12.2019.

v. For holding that petitioners are genuine and bonafide selected candidates for the

4/5 purpose of appointment in the office of collectorate Jamui.

vi. For holding that advertisement for appointment has been published in the year 2012 and after selection appointment is going on in the year 2025 at this juncture case of the petitioners may be considered and provide appointment letters.

3. Counsel for the petitioners further submits that there are in total 145 seats lying vacant in different office in different department in the Jamui district, but requisition was for 64 candidates only.

4. Counsel for the State vehemently opposes the prayers and submits that in the entire writ petition, there is no any documents on the basis of which it is being claimed by the petitioner that there are 145 seats lying vacant in different office in different department of Jamui district. He further submits that final result of 63 candidates has been published by the Bihar Staff Selection Commission (BSSC).

5. Counsel further submits that in the light of Hon'ble Court's order and New Rule, 2023, for the selection of Class IV posts and after crossing various hurdles, final result for the appointment of Class IV posts has been published and those persons who have not been selected, want to create shadow on

5/5 the same without any legal basis.

6. In this view of the matter, this Court is not inclined to grant any relief to the petitioners particularly, by way of staying the operation of Letter No. BSSC -Pr. 03/Examination22/2020(V) 1887/Aa. Dated 19.05.2025 (Annexure-P/7) by which final result of 63 candidates has been published in the light of advertisement issued.

7. This Court is of the view that petitioners have participated in the examination process and in the writ petition, it has been categorically indicated that those persons whose name are there in the selection list, shall be entitled to appear in the selection process once and petitioners have also been permitted to appear in the selection process once, but they have not been appointed finally then, they have no right to raise litigations against those who have been selected, through Bihar Staff Selection Commission, on Class-IV post, as per new rule of 2023.

8. With the aforesaid directions and observations, the present writ application stands dismissed.

(Dr. Anshuman, J.) Prakashmani/- U