Gyanendra Prakash Shukla v. The Bihar State University Service Commission

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15840 of 2024 Dr Arun Kumar Son of Suba Yadav Resident of village-Paharpur, P.O.-Kaler, P.S.-Kaler, District- Arwal, Bihar-824127.

Dr. Sagar Kumar Son of Chamak Lal Sharma Resident of village-Aliganj, Roshanchak Lane, P.O.- Mirjanhat, P.S.-Babarganj, District-Bhagalpur, Bihar-812005.

The Hon'ble Vice-Chancellor, Aryabhatta Knowledge University, Patna, the The Learned Registrar, Aryabhatta Knowledge University, the Civil Writ Jurisdiction Case No. 13185 of 2024 Achyutesh Dixit, Son of Harendra Narayan Dixit, Resident of Mohalla- 14/15 B Rakhi Navada, P.O.- Raisipur, P.S.- Jansa, District- Varanasi, Uttar Pradesh221405 Patna- 800001.

2/6 The Vice-Chancellor, Aryabhatta Knowledge University, Patna, the The Registrar, Aryabhatta Knowledge University, the Administrative Block, Mithapur, Patna, Bihar- 800001.

Civil Writ Jurisdiction Case No. 13198 of 2024 Tanmoy Rath Son of Late Phanibhushan Rath, resident of VillageNarayanchak, P.O.-Turka Kasna, P.S. Dantan, District-West Medinipur, West Bengal-721445.

The Aryabhatta Knowledge University Patna through the Registrar, the Administrative Block, Mithapur, Patna, Bihar-800001. The Vice-Chancellor-Aryabhatta Knowledge University, Patna, the Administrative Block, Mithapur, Patna, Bihar-800001. The Registrar, Aryabhatta Knowledge University, the Administrative Block, Mithapur, Patna, Bihar-800001.

Civil Writ Jurisdiction Case No. 13219 of 2024 Gyanendra Prakash Shukla Son of Shesh Kumar Shukla, Resident of Mohalla-Khalwa, Bara Pol, P.O.-Balrampur, P.S.-Balrampur, DistrictBalrampur, Uttar Pradesh-271201. Biplab Goswami, son of Tapas Kumar Goswami, resident of Arrah Bidhan Park, P.O.-Arrah, P.S.-Kansa, District-Paschim Bardhman, West Bengal713212.

3/6 Floor, Bihar School Examination Board, Academic Building, Buddha Marg, School Examination Board, Academic Building, Buddha Marg, PatnaSchool Examination Board, Academic Building, Buddha Marg, PatnaThe Aryabhatta Knowledge University Patna through the Registrar, the Administrative Block, Mithapur, Patna, Bihar-800001. The Vice-Chancellor, Aryabhatta Knowledge University, the Administrative Block, Mithapur, Patna, Bihar-800001.

The Registrar, Aryabhatta Knowledge University, the Administrative Block, Mithapur, Patna, Bihar-800001.

Civil Writ Jurisdiction Case No. 13391 of 2024 Dr. Prabhat Bharti Son of Sri Dhaneshwar Prasad Singh Resident of -Kusumanjali, Prakashpath, New Zero Mile, P.O.- Bhikanpur (Umanagar), P.S.- Ahiyapur, District- Muzaffarpur, Bihar- 842004. The Bihar State University Service Commission, through its Chairman, 8th Patna- 800001.

The Vice-Chancellor, Aryabhatta Knowledge University, Patna, the The Registrar, Aryabhatta Knowledge University, the Administrative Block, Mithapur, Patna, Bihar- 800001.

Appearance :

(In Civil Writ Jurisdiction Case No. 15840 of 2024) For the Petitioner/s :

Mr. Kumar Kaushik, Advocate

4/6 For the Respondent/s :

Mr. Harsh Singh, Advocate Mr. Rakesh Kumar Singh, Advocate Mr. Bindhyachal Rai, Advocate (In Civil Writ Jurisdiction Case No. 13185 of 2024) For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the Respondent/s :

Mr. Bindhyachal Rai, Advocate Mr. Harsh Singh, Advocate (In Civil Writ Jurisdiction Case No. 13198 of 2024) For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the Respondent/s :

Mr. Harsh Singh, Advocate Mrs. Binita Singh, Advocate (In Civil Writ Jurisdiction Case No. 13219 of 2024) For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the Respondent/s :

Mr. Harsh Singh, Advocate Sagarika, Advocate (In Civil Writ Jurisdiction Case No. 13391 of 2024) For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the Respondent/s :

Mr. Bindhyachal Rai, Advocate Mr. Harsh Singh, Advocate CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2024 Heard learned counsel for the petitioners and respondents.

2. These writ applications have been filed for the following reliefs:- (i). For issuance of an order, direction or a writ of mandamus for directing the respondent Bihar State University Service Commission to accept the experience certificates in favour of the petitioners duly countersigned by the Learned Registrar, Aryabhatta Knowledge University, the details whereof are as follows: - (a) Experience certificate dated 12.01.2018 issued by Nalanda College of Engineering and experience certificate dated 28.02020 issued by Sitamarha Institute of Technology.

Sitamarhi both issued in favour of the petitioner no. 1 and countersigned by the Learned Registrar, Aryabhatta Knowledge University 27.07.2024.

(b) Experience certificate dated 26.09.2020 issued by Bhagalpur College of Engineering

5/6 and experience certificate dated 01.10.2020 issued by Katihar Engineering College both countersigned by the Learned Registrar, Aryabhatta Knowledge University on 19.02.2024, issued in favour of the petitioner no.2.

(ii). For issuance of an order, direction or an appropriate writ of mandamus for directing the respondent Bihar State University Service Commission to consider the aforesaid experience certificates for awarding marks under the heading for experience against advertisement dated 21.09.2020 issued by it for appointment on vacant post of Assistant Professor in different Universities and Constituent Colleges of the Education Department, Government of Bihar, Patna in so far as the recruitment in the subject of Chemistry is concerned.

(iii). For issuance of an order, direction or an appropriate writ for staying the further process of recruitment in the subject of Chemistry against advertisement dated 21.09.2020 issued by the Bihar State University Service Commission during the pendency of the present writ application or for directing the respondents to keep two posts in the subject of Chemistry vacant until disposal of these writ applications.

3. The issues raised in these writ applications are no more res integra, as these issues were already decided by the Division Bench of this Court in L.P.A. No. 653 of 2024 in C.W.J.C. No. 16795 of 2023 dated 06.09.2024.

4. Mr. Kumar Kaushik, learned counsel appearing on

6/6 behalf of the petitioners accepts this fact that L.P.A. No. 653 of 2024 has been decided against the persons having identical issues in the writ application akin to that of the writ petitioners herein.

5. Accordingly, I do not find any merit in these applications. The same stands dismissed.

(Prabhat Kumar Singh, J) utkarsh/- U