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Patna High CourtCWJC/9625/2023dismissed

Kashif Hussain Siddiquee v. The State Of Bihar

2024-03-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9625 of 2023 ====================================================== Kashif Hussain Siddiquee Son of Hussain Ahmad Siddiquee, Resident of Hussain Complex, Road No . 4, P.S.- Rampur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, General Administrative Department, Government of Bihar, Patna.

2.

The Principal Secretary, General Administrative Department, Government of Bihar, Patna.

3.

Bihar Public Service Commission, through the Chairman, 15, Jawaharlal Nehru Marg, Bailey Road, Patna, Bihar - 800001. 4.

The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna, Bihar 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra, Advocate For the Respondent/s :

Mr.P.K. Verma (Aag3) Mr.Saroj Kr. Sharma, AC to AAG-3 For BPSC :

Mr.Sanjay Pandey, Advocate Mr.Nishant Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of a writ in the nature of Certiorari or any other appropriate writ, for quashing the final result of 66th Combined Competitive Examination dated 03.08.2022 (hereinafter referred as "Impugned Result") published by the respondent no. 3 i.e. Bihar Public Service Commission (hereinafter referred as "Commission") to the extent it relates to petitioner - whereby and whereunder,

Patna High Court CWJC No.9625 of 2023(4) dt.19-03-2024 2/3 petitioner despite having obtained cut off marks under Economic Weaker Sections (EWS) has not been offered appointment, on account of non-joining of selected candidates under the EWS category petitioner gave his representation but the respondent authority did not consider on his appointment against the non-joining seats in EWS Category.

(ii) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to immediately allow and initiate the process of appointment of petitioner and declare his result as selected candidate in Economic Weaker Section category as the petitioner has got marks equal to cut-off marks of the EWS Category i.e. 532 marks in 66th Combined Competitive Examination for appointment on several posts which is under Schedule-1 of the Notification dated 16.9.2020 issued by the BPSC.

(iii) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to prepare and publish updated result of 66th Combined Competitive Examination after considering the settled law regarding

Patna High Court CWJC No.9625 of 2023(4) dt.19-03-2024 3/3 reservation roaster and carry out appointment of the petitioner on nonjoining post under EWS Category."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of his subsisting grievances, if any. Liberty so sought is granted.

3. The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Saurav/- U