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Patna High CourtL.P.A/1737/2015disposed

Ram Pukar Choudhary And ORS v. The State Of Bihar And ORS

2019-01-23Mr. Justice Jyoti Saran,Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1737 of 2015 ======================================================

1. Ram Pukar Choudhary and Ors S/o Late Bachoolal Choudhary Resident of C.D.A. Colony, North Shastrinagar, P.S. Shastrinagar, Patna. At present working as Lecturer, Selection Grade at Government Polytechnic, Chapra.

2. Chandrika Rawat S/o Janki Rawat Resident of Village Sheosona, Police Station Halsi, District Lakhisarai. At present working as Lecturer, Selection Grade at Government Polytechnic, Muzaffarpur.

3. Rama Shankar Singh S/o Sri Rameshwar Singh Resident of Village P.O. Moudihan, P.S. Nokha, District Rohtas. At present working as Lecturer, Selection Grade, at Government Polyechnic Gulzarbagh, Patna.

4. Brij Mohan Sharma S/o Late Sita Ram Sharma Resident of New Patna Colony, Anishabad, Beur, Patna.

... ... Appellant/s

Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar, Main Secretariat, Patna.

3. The Principal Secretary, Department of Science and Technology, Government of Bihar, Technology Bhaw

4. The Director, Department of Science and Technology, Government of Bihar, Technology Bhawan, Patna.

5. The Deputy Secretary, Department of Science and Technology, Government of Bihar, Technology Bhawan,

6. Bihar Public Service Commission, Bailey Road, Patna through its Chairman.

7. The Chairman, Bihar Public Service Commission, Bailey Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ranjan Kumar Singh, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

Patna High Court LPA No.1737 of 2015(14) dt.23-01-2019 2/3 23-01-2019 Heard Mr. Ranjan Kumar Singh, learned counsel for the appellants, Mr Kinker Kumar, SC-9 for the State and Mr. Sanjay Pandey, learned counsel for the Bihar Public Service Commission.

The writ petition was dismissed by the judgment and order dated 20.04.2015. The writ petition was filed questioning the very advertisement published for appointment of Principal in Government Polytechnic/Government Women Polytechnic bearing no. 2 of 2015 dated 05.02.2015. The appellants-petitioners were aggrieved by the stipulations present therein to move this Court through the writ petition which has been dismissed.

Before this Court, it is informed that the selection process is over and thus challenge to the advertisement has become academic. While the appellants questioned the stipulation in the advertisement, Counsel for the State and Commission would submit that it is in tune with the Rules prescribed for appointment against the post of Principal. In such view of the matter, and since it is an admitted position that the selection process is over, we are not persuaded to examine the issue at this stage but would keep the issue open

Patna High Court LPA No.1737 of 2015(14) dt.23-01-2019 3/3 for contest in an appropriate matter.

The appeal is disposed of.

(Jyoti Saran, J) ( Nilu Agrawal, J) Priyanka/devendra U