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Patna High CourtCWJC/2417/2021dismissed

Amar Kumar v. The State Of Bihar Through The Principal Secretary,

2022-04-20Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2417 of 2021 ====================================================== Amar Kumar S/o Ram Pukar Singh R/o Village - Dohat Narain, P.S. - Baheri, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Principal Secretary, Health Department, Government of Bihar, Patna. 3.

The Bihar Staff Selection Commission through its Secretary, Vetenary College Campus, Patna.

4.

The Chairman of the Bihar Staff Selection Commission, Veternary College Campus, Patna.

5.

The Secretary of the Bihar Staff Selection Commission, Veternary College Campus, Patna.

6.

The Civil Surgeon, Samastipur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Ramadhar Singh, GP 25 Dr. Ratan Kumar, Advocate Mr. Gyan Shankar, Advocate Mr. Anirudh Kumar Singh, AC to GP 25 Mr. Satyam Shivam Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 20-04-2022 Heard learned counsel for the parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this is an application for issuance of appropriate writ(s), Order (s),

Patna High Court CWJC No.2417 of 2021 dt.20-04-2022 2/3 Direction (s) directing the Respondents to consider and recommend the name of petitioner for appointment on the post of Xray Technician against the existing vacancy arising out of Advertisement No. - 03010115 dated - 21.06.2015 by the Respondent No. -3.

And/ Or Pass such any other order/orders which may deem fit and proper."

3. Petitioner is a candidate for the recruitment to the post of X-ray Technician pursuant to the advertisement dated 21.06.2015 issued by the respondent No. 3 - The Bihar Staff Selection Commission through its Secretary, Vetenary College Campus, Patna. The respondent - department proposed to fill up 215 posts of X-ray Technician whereas they have selected and appointed only 173 posts. The reasons for non selection of the petitioner is that he has secured lesser than the cut-off marks i.e. 40 %. Such prescription of 40 % is in terms of Government notification of the GAD Department dated 16.07.2007.

4. The petitioner has not questioned the validity of prescription of cut-off marks or advertisement so as to overcome the cut-off marks and direction to the concerned respondent to consider the petitioner's claim for unfilled posts. In the light of these facts and circumstances, petitioner has not made out a case.

Patna High Court CWJC No.2417 of 2021 dt.20-04-2022 3/3

5. Accordingly, writ petition stands dismissed. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 25.04.2022 Transmission Date