Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11056 of 2024 ====================================================== Kunal Kumar son of Sri David Yadav, 588, Nishiyama Road, Adarsh Nagar, Masaurhi, Patna -804452.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principle Secretary, Department of Revenue and land Reforms, Govt of Bihar, Patna.
2.
The Principle Secretary, Department of Revenue and land Reforms, Govt of Bihar Patna.
3.
The Nodel Officer, Department of Revenue and land Reforms Bihar Patna. 4.
The Assistant Director cum Nodel Officer, Land Records and Measurement Directorate Revenue and land Reforms Department, Govt of Bihar Patna. 5.
The Special Executive Officer, B.C.E.C.E Board Patna. 6.
The Assistant Programme Officer, (I.T) B.C.E.C.E Board, Patna. 7.
The Programme officer (I.T), B.C.E.C.E Board, Patna. 8.
The Senior Lecturer, N.G.P Patna.
9.
The Deputy Director, Techniquecal Science and Technology Education Department Bihar Patna.
10.
The Additional Director, Department of Health, Bihar Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Dayal, Advocate For the Respondent/s :
Mr. Ajay Behari Sinha, GA-8 Ms. Seema Ghazala, AC to GA-8 For the BCECE :
Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner, learned counsel for the B.C.E.C.E. Board, and learned counsel for the State.
2. Learned counsel for the petitioner submits that inadvertently the Controller of Examination, B.C.E.C.E. Board, Patna, could not be arrayed as party respondent.
Patna High Court CWJC No.11056 of 2024(2) dt.25-07-2024 2/3
3. It is hereby directed to add the Controller of Examination, B.C.E.C.E. Board, Patna, as party respondent No.11 in course of the day.
4. The present writ petition has been filed for quashing the order contained in Annexure-6 the general notice under Advertisement No.BCECEB/Rev/DLRS-2023/17 dated 24.05.2024 issued by the respondent No.4, the Assistant Director-cum-Nodel Officer, Land Records and Measurement Directorate Revenue and Land Reforms Department, Government of Bihar, Patna, in respect of the petitioner. Further prayer is for a direction to the respondent authorities to upheld the selection of the petitioner as Special Survey Assistant Settlement Officer as valid.
5. Learned counsel for the petitioner submits that petitioner was finally selected and his result has come and after verifying the documents appointment letter has not been issued on flimsy grounds. Counsel further submits that he has filed representation vide Annexure-7 but no decision has been taken by the respondent No.4.
6. Learned counsel for the B.C.E.C.E. Board submits that the petitioner has not filed representation before proper forum as the competent person to entertain the representation is
Patna High Court CWJC No.11056 of 2024(2) dt.25-07-2024 3/3 the Controller of Examination, B.C.E.C.E. Board, Patna.
7. It transpires to this Court that by virtue of filing the writ petition the petitioner has insisted to issue the order of mandamus, for which representation is required. As such, the petitioner is directed to file representation within a week from today before the Controller of Examination, B.C.E.C.E. Board, Patna, and the newly added respondent No.11 shall entertain the representation of the petitioner within thirty days from the date of production of a copy of this order along with fresh representation and If finds eligible then respondent No.11 shall declare the result of the petitioner as successful candidate.
8. With this direction, this writ petition is disposed off.
(Dr. Anshuman, J) Mkr./- U