Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23070 of 2011 =========================================================== Sanjay Kumar, son of Muneshwar Choudhary, resident of Mohalla and P.O. - Mahanandpur, P.S. - Dipnagar, District - Nalanda .... .... Petitioner

Versus

1. The State of Bihar through Chairman, Bihar Staff Selection Commission, Veterinary Collage, Patna - 14

2. The Secretary, Bihar Staff Selection Commission, Veterinary Collage, Patna 14

3. The Examination Controller, Bihar Staff Selection Commission, Veterinary Collage, Patna - 14 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Purushottam Kr. Jha, Mr. Rajiv Krishna Bariar, Advocates For the Respondents : Mr. Satyam Shivam Sundaram, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-08-2017 Heard learned counsel for the petitioner and learned counsel for the respondent-Commission.

2. The present writ petition has been filed for quashing the impugned order of cancellation of candidature of the petitioner against Advertisement No. 2607 for the post of Motor Vehicle Inspector, issued by the Secretary, Bihar Staff Selection Commission, Veterinary College, Patna-14.

I.A. No. 1763 of 2015

3. The interlocutory application has been filed with a prayer for disposal of the present writ petition in terms of the order dated 03.01.2012 passed in CWJC No. 19381 of 2011 and the order dated 10.01.2013 passed in CWJC No. 400 of 2013.

Patna High Court CWJC No.23070 of 2011 dt.03-08-2017 2/2

4. Having regard to the nature of the prayer, the interlocutory application is allowed to be treated as part of the writ petition.

5. Learned counsel for the petitioner prays for disposal of the writ petition with the same directions as contained in the order dated 10.01.2013 passed in CWJC No. 400 of 2013 in the following terms: - "That being so, this Court, instead of keeping the matter pending, would deem it expedient in the ends of justice to direct the Secretary, Bihar Staff Selection Commission, Patna to give an opportunity of hearing to the petitioner and if the petitioner satisfies the Secretary to the Commission that he had fulfilled the terms and conditions of the advertisement, he may pass any suitable order with the prior approval of the Chairman of the Commission."

6. Learned counsel for the respondent-Commission appears and has been heard.

7. Having regard to the submission advanced on behalf of the petitioner, the writ petition is disposed of in line with and on the same terms as the order dated 10.01.2013 passed in CWJC No. 400 of 2013 (Ajay Kumar Vs. The State of Bihar & others). (Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.08.2017 Transmission Date N.A.