Pratiksha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15999 of 2019 ====================================================== Pratiksha Singh Wife of Rohit Kumar, Daughter of Shri Thakur Hardeo Narain Singh Resident of Village Tungi, Post Office Tungi, Police Station Dip Nagar, District Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, New Secretariat Building, Patna.

3.

The Divisional Commissioner, Patna Division, Patna. 4.

The Selection Committee through its Chairman District Magistrate, Nalanda. 5.

The District Magistrate, Nalanda.

6.

The District Panchayat Raj Officer, Nalanda.

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

For the Petitioner/s :

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

Mr. Kumar Alok (SC 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 14-08-2019 Heard the learned counsel for the parties.

2. The petitioner is aggrieved by the faulty preparation of the merit list for consideration for appointment on the contractual post of Accountant-cumI.T. Assistant.

3. The resolution/advertisement by which the applications have been invited for filling up such posts on contract basis declares that for the post of Accountantcum-I.T. Assistant, the minimum education qualification

Patna High Court CWJC No.15999 of 2019 dt.14-08-2019 2/3 shall be B. Com and the marks obtained by a candidate in B. Com examination shall be relevant for the purpose of preparation of merit list. It further declares that for higher degree like M. Com, 20 marks would be awarded as bonus and thereafter the panel shall be prepared.

4. It is the case of the petitioner that she has obtained approximately 79% in her B. Com examination and has also acquired M. Com degree. In that event, with the addition of bonus marks she ought to been in the panel and should have been appointed. The list which has been published but does not contain the name of the petitioner. It is therefore urged that the panel has not been prepared in accordance with the terms of the resolution/advertisement.

5. Several complaints/representations have been filed by the petitioner before all the concerned authorities but to no avail.

6. If the petitioner makes a fresh representation before the District Magistrate, Nalanda (respondent no. 5)

Patna High Court CWJC No.15999 of 2019 dt.14-08-2019 3/3 within a period of three weeks, the same shall be considered in correct perspective by the concerned respondent, who, after verifying all facts and the entitlement of the petitioner shall pass necessary orders in accordance with law within a further period of six weeks thereafter. If the petitioner comes in the merit list, needless to state that she would be considered for being appointed provided seats are still vacant.

7. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.08.2019 Transmission Date