Jag Mohan Yadav And ANR v. The Bihar Public Service Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11608 of 2014 ======================================================

1. Jag Mohan Yadav S/O Late Deoraj Yadav Resident of Village - South Telhua, P.S. - Nautan, District - West Champaran , Presently residing at Professor's Colony, Ram Lakhan Singh Yadav College, P.S. - Bettiah Mufassil, District - West Champaran.

2. Mohammad Maneer S/O Late Jamir Hasan Resident of Mohalla - Sheoganj, Masjid Road, Near Lotus School, Narkatiaganj, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

1. The Bihar Public Service Commission, Patna through its Secretary.

2. The Secretary, Bihar Public Service Commission, Patna.

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

4. The Deputy Secretary, Bihar Public Service Commission, Patna.

5. The Controller of Examination , Bihar Public Service Commission, Patna.

6. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

7. The Principal Secretary, Department of Education, Bihar, Patna.

8. The Director, Secondary Education, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr. Md.Raisul Haque-Sc4.

For BPSC :

Mr. Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2019 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

Supplementary counter affidavit has been filed on behalf of the Bihar Public Service Commission stating that the last successful BC (male) candidate who was called for interview on the basis of marks obtained in the written examination has got 73 marks, however, the petitioner has got less than 73 marks, that is, 66 marks. It is further explained in

Patna High Court CWJC No.11608 of 2014(4) dt.04-01-2019 2/2 the additional counter affidavit that the qualifying marks for being called for interview was fixed as 65 marks for the BC category (female).

In such view of the matter, it is submitted that no candidate having lessor marks than the petitioner have been called for the interview. Thus, the petitioner does not have any case.

The learned counsel for the petitioner does not dispute the aforesaid position as existing on fact, hence, the writ petition is dismissed.

(Mohit Kumar Shah, J) sanjeev/- U