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Patna High CourtCWJC/10655/2017disposal with observation

Niranjan Mishra v. The State Of Bihar And ORS

2018-10-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10655 of 2017 ====================================================== Niranjan Mishra, Son of Sri Yamuna Mishra, Resident of Village Telhara, P.O. and P.S. Telhara, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home (Police), Government of Bihar, Old Secretariat, Patna.

2. The Joint Secretary, Home (Police) Department, Government of Bihar, Patna.

3. The District Magistrate, Nalanda at Bihar Sharif.

4. The Sub Divisional Officer, Hilsa, District Nalanda.

5. The Officer-in-Charge, P.S.- Telhara, District- Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha No.-2 For the Respondent/s : Md. Nashrul Hoda Khan-SC1 Ms. Babita Kumari, AC to SC-I ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that the facts of the present case are identical to the case of C.W.J.C. No. 23737 of 2012 (Ramawatar Paswan Vs. The State of Bihar & Ors.), the aforesaid order squarely covers the issue involved in the present case.

Learned counsel for the State submits that minimum qualification for the promotion has been changed, a person must be intermediate with efficiency of computer. In such view of the matter, the concerned authority

Patna High Court CWJC No.10655 of 2017 (3) dt.09-10-2018 2 /2 is directed to examine the facts, law and prayer of the case of the petitioner and if it is found that present case is squarely covered by the aforesaid case, the same benefit should also be extended to the petitioner.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U