Prashant Yadav @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18558 of 2021 ====================================================== Prashant Yadav @ Pappu Kumar, S/o Shri Pitambar Ray, R/o Village Samachak, P.O. Harauli, P.S.- Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.

3.

The Bihar Public Service Commission through its Chairman, Patna. 4.

The Secretary, Bihar Public Service Commission, Patna. 5.

The Joint Secretary cum Controller of Examination, Bihar Public Service Commission, Patna.

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

For the Petitioner/s :

Mr. Harsh Singh, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 05-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

3. In the instant petition, the petitioner has prayed for the following reliefs:

"a. For issuance of an appropriate writ, order or direction for quashing the Final Result of 65th Combined Competitive Examination, which was published by the Respondent Bihar Public Service Commission (hereinafter referred to as BPSC) on 07.10.2021 (Annexure 6), whereby and whereunder the Petitioner's candidature has been cancelled on a misconceived premise and on the non-est ground that

Patna High Court CWJC No.18558 of 2021 dt.05-01-2022 2/3 Petitioner's (Roll No.396435) original certificates produced for verification did not match with Petitioner's name in the online application form, notwithstanding the fact that the Petitioner had produced documents including gazette notification at the time of document verification to show that Petitioner had changed his name in the year 2013. b. For issuance of an appropriate writ, order or direction commanding the Respondent authorities of BPSC to re-publish the Final Result of 65th Combined Competitive Examination after considering the candidature of the Petitioner (Roll No. 396435) on the basis of the marks obtained by the Petitioner in the relevant category.

c. For issuance of an appropriate order, direction or writ commanding the Respondents to keep one seat reserved against the relevant category and post in which the Petitioner is found qualified on the basis of the marks obtained and preference given by the Petitioner, in connection with 65th Combined Competitive Examination during the pendency of the present writ application.

d. For any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."

4. Present petition is not maintainable for non-joinder of necessary and proper parties in view of the fact that the petitioner has questioned the final result of 65th Combined Competitive Examination notified by the respondent Bihar Public Service Commission dated 07.10.2021 (Annexure-6). The petitioner has

Patna High Court CWJC No.18558 of 2021 dt.05-01-2022 3/3 also not arrayed necessary and proper parties in the representative capacity in their respective category, hence the present petition stands dismissed reserving liberty to the petitioner to file a fresh petition.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.01.2022 Transmission Date NA