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Patna High CourtCWJC/13844/2022disposed

Narendra Kumar Sharma v. The State Of Bihar

2024-08-01Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13844 of 2022 ====================================================== Narendra Kumar Sharma S/o Vishmbhar Dayal Sharma, R/o Sindhi Colony, Makaan No. - 66, Lashkar, P.S. - Madhoganj, Distt. - Gwalior, M.P. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Education Department Govt. of Bihar Patna.

2.

The Principal Secretary Education Department Govt. of Bihar Patna. 3.

The Bihar State University Service Commission through its Chairman, Patna.

4.

The Chairman, Bihar State University, Service Commission Patna. 5.

The Secretary, Bihar State University Service Commission Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate For the State :

Mr. Madanjeet Kumar, GP-20 For the BSUSC :

Mr. Pawan Kumar, Advocate Ms. Pratibha, Advocate Mr. Utsav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 01-08-2024 Heard Mr. Tej Pratap Singh, learned counsel appearing on behalf of the petitioner; Mr. Madanjeet Kumar, learned GP-20 appearing on behalf of the State and Ms. Pratibha, learned counsel appearing on behalf of the Bihar State University Service Commission.

2. This writ petition is directed against the rejection of the petitioner's candidature for the post of Assistant Professor in Jyotish subject pursuant to Advertisement No. AP JYOT-31/20-21 480 dated

Patna High Court CWJC No.13844 of 2022(4) dt.01-08-2024 2/3 22.04.2022 issued by respondent no.3- the Bihar State University Service Commission on the ground that the petitioner's M.A. subject is not in core or allied or equivalent subject of Jyotish. The petitioner has also prayed for a direction declaring that the petitioner's M.A. degree in Jyotir Vighyan subject is equivalent to the Jyotish Vighyan subject.

3. The respondent nos. 3 to 5 have filed a counter affidavit wherein, in paragraph no.14, it has been stated that the selection process for the post of Assistant Professor for Jyotish subject has already been completed and vide Memo No. 641 dated 30.05.2022 the selected candidates have been recommended for appointment by the Bihar State University Service Commission.

4. In view of the above, since the selection process for the post of Assistant Professor, Jyotish Vighyan pursuant to the Advertisement No. AP JYOT-31/20-21 480 dated 22.04.2022 has already been completed by the Commission and the selected candidates have already been recommended for appointment, no relief, sought for by the petitioner in the instant case, can be granted by this Court.

Patna High Court CWJC No.13844 of 2022(4) dt.01-08-2024 3/3

5. Accordingly, this writ petition shall stand disposed off with a liberty granted to the petitioner to challenge the selection made by the Commission for the post of Assistant Professor, Jyotish Vighyan subject pursuant to the Advertisement No. AP JYOT-31/20-21 480 dated 22.04.2022, if so advised.

(Nani Tagia, J) Nilmani/- U