Shabnam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14342 of 2019 ====================================================== Shabnam Kumari, Female, aged about 27 years, D/o Arvind Kumar Raj 'Akela', Resident of Village- Mogalchak, P.S.- Mohiuddin Nagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Labour Resources Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Labour Resources Department, Govt. of Bihar, Patna.

3.

The Labour Commissioner, Department of Labour, Govt. of Bihar, Patna. 4.

The Director, Employment and Training, Labour Department, Govt. of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vipin Kumar, Adv.

For the Respondent/s :

Mr. Anil Kumar Singh, GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 18-07-2019 The petitioner had applied on-line for being considered as temporary/guest faculty in Industrial Training Institutes, pursuant to an advertisement dated 02.11.2018. There were three categories of Guest Faculty for which applications were invited and the petitioner offered her candidature for Group-C, for which, the necessary qualification is Degree/Diploma or practical and theoretical experience in I.T.I. The petitioner has all requisite

Patna High Court CWJC No.14342 of 2019 dt.18-07-2019 2/3 qualification and very good marks in the I.T.I. (basic qualification).

2. A merit-list was prepared on 18.06.2019, which was displayed on the official website of the Labour Resources Department, Govt. of Bihar, Patna and objection to the merit-list was also invited within a period of two days.

3. The petitioner, it has been urged, found out that persons with lesser marks have been included in the aforesaid merit-list and, therefore, an objection was raised by the petitioner on-line. Such objection could not reach the Department because of the mail-box being full.

4. The petitioner has however not brought on record any proof of such complaint not having been registered because of the mail-box not accepting any further complaint.

5. Be that as it may, the learned counsel for the petitioner has drawn the attention of this Court to the marks obtained by some of the candidates whose names figured in the merit-list and whose marks are lesser than that of the petitioner. There is no reason, it has been argued, for the

Patna High Court CWJC No.14342 of 2019 dt.18-07-2019 3/3 name of the petitioner not included in the list of successful candidates. Had the complaint of the petitioner been received and addressed to, perhaps his name would have been included in the list of successful candidate.

6. The process of selection, according to the petitioner, is still on going.

7. Under the aforesaid circumstances, the petitioner is directed to make a representation/complaint before the Director, Employment and Training, Labour Department, Govt. of Bihar, Patna (respondent No. 4) within a period of two weeks from today, who, on receipt of the same shall look into the matter and pass a reasoned order in accordance with law within a further period of four weeks thereafter, but definately before the process of selection is completed.

8. With the aforesaid observation/direction, the writ petition stands disposed off.

Praveen-II/- (Ashutosh Kumar, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.07.2019 Transmission Date N/A