Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.809 of 2019 In Civil Writ Jurisdiction Case No.19686 of 2013 ====================================================== Birendra Kumar Son of Dhaneshwar Paswan, Resident of Village Sobh, Post Office Bhadeya, Police Station Barachatti, District Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar Bihar.

2.

The Bihar Agriculture University Sabour, Bhagalpur, Through ViceChancellor. 3.

The Registrar, Bihar Agriculture University, Sabour, Bhagalpur. 4.

The Officer-in-charge, Recruitment, Bihar Agriculture University, Sabour, Bhagalpur.

5.

Vinod Kumar Son of Shri Vishwanath Baitha, Posted at Professor, Department of Bio - Technology, College of Horticulture, Noorsarai, District Nalanda, Bihar, permanent address resident of village Gopalpur, Po0st Office Gopalpur, District Bhagalpur.

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

For the Appellant/s :

Mr. Arvind Kumar Sharma, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh (Aag13) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 24-11-2022 For the reasons stated in the application and affidavit, delay of 102 days stands condoned. I.A. No. 01 of 2019 stands allowed.

Matter is of selection to the post of Assistant Professor from Junior Scientist. Perusal of the order of the learned Single Judge it is evident that 5th respondent is more merited than the appellant Birendra Kumar.

Patna High Court L.P.A No.809 of 2019(4) dt.24-11-2022 2/2 In the light of these facts and circumstances the appellant has not made out a case so as to interfere with the selection and appointment of Birendra Kumar to the post of Assistant Professor-cum-Junior Scientist.

Accordingly, the appeal stands dismissed while affirming the order of the learned Single Judge. (P. B. Bajanthri, J) ( Purnendu Singh, J) aditya/minu U