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Patna High CourtCWJC/16149/2021dismissed

Naveen Prakash v. The State Of Bihar Through The Chief Secretary,

2022-01-05Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16149 of 2021 ====================================================== Naveen Prakash, Son of Sri Nagdeo Rajak, Resident of Qr. No. C/12, Doordarshan Colony, Sikandarpur, P.S. - Mithanpura, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Road Construction Department, Bihar, Patna. 3.

Bihar Public Service Commission, Patna through its Chairman. 4.

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

The Secretary, Bihar Public Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshvardhan Shivsundaram, Advocate For the Respondent/s :

Mr. Sushil Kumar ( GP-22 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 05-01-2022 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 writ petition, the petitioner has prayed for the following reliefs:

"(i) To quash the part of final result dated 14.07.2021 of the examination conducted by the respondent BPSC for appointment against the post of Assistant Engineer (Civil) in different works departments of the Government of Bihar pursuant to advertisement no. 02/2017 by which candidature of the petitioner has illegally been cancelled on erroneous ground that the date of passing the degree examination of the petitioner is subsequent to the last date of submission of application forms.

Patna High Court CWJC No.16149 of 2021 dt.05-01-2022 2/2 (ii) To direct the respondent BPSC to publish result of the petitioner placing him at appropriate place in the merit list under SC category.

(iii) To stay the joining of the successful candidates under SC category unless and until the revised result is published. In alternate, the respondents may be directed to keep one post vacant under SC category till publication of result of the petitioner.

(iv) To grant any other relief or reliefs to which the petitioner is entitled for."

4. The present petition is liable to be rejected for nonjoinder of necessary and proper parties, since the petitioner has questioned the validity of the final result dated 14.07.2021 in the event of allowing the petition private parties right would be affected.

5. Accordingly, the petition stands dismissed reserving liberty to the petitioner to file a fresh petition. (P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.01.2022 Transmission Date NA