Rita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1222 of 2016 ====================================================== Rita Kumari Wife of Sugriv Sharma Resident of village - Chafwa, Post office - Keelpur, P.S. Nautan, District - Siwan ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna

2. The Director, Directorate of Education Department of Social Welfare, Govt. of Bihar, Patna

3. The District Magistrate Cum Collector, Siwan

4. The District Programme officer, Siwan ( Education )

5. The Block Development officer, Nautan

6. The Chairman Selection Committee Nautan Siwan

7. The Member Secretary, Selection Committee Nautan Siwan

8. The Panchayat Secretary, Chawa, Nautan, Siwan

9. Sarita Kumari D/o Dudhnath Rai Resident of village - Bhulauni, Post office Semaria, P.S. Nautan, District - Siwan ... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Ashok Kumar, Advocate For the S t a t e :

Mr Ramadhar Singh, GP XXV For Respondent No 9 : Mr Ajay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 03-12-2018 Heard learned counsel for the petitioner and the respondents.

2 Pursuant to the Advertisement, petitioner has applied for the post of Warden in the process which contemplates written examination of 75 marks and, thereafter, oral examination of 25 marks. The Advertisement is Annexure 1 to the writ petition. 3 Based on the result of only the written examination wherein the petitioner finds her place at Serial No 1, as opposed to respondent No 9 who is at Serial No 7. She complains that

Patna High Court CWJC No.1222 of 2016 dt.03-12-2018 2/2 respondent No 9 was appointed though she was much below in the said list/result (Annexure 3).

4 The claim of the petitioner is nothing more than an apprehension. The petitioner has based her claim only on the basis of written result. She has not placed on record what has happened in the oral examination which was for 25 of the total marks for the assessment of merit.

5 The final result would be the result taking into consideration the written test of 75 marks plus the oral test of 25 marks. Petitioner has approached this Court before declaration of final result. On the basis of marks obtained in the written test only, it is not possible to examine inter se merit of petitioner and respondent No 9 as merit list would be prepared only after conclusion of process of selection which includes oral test. Apparently, petitioner's grievance is premature. 6 The writ petitioner could not make any case for interference. The writ petition is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.12.2018 Transmission Date NA