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Patna High CourtCWJC/14140/2024disposed

Kaushlendra Kumar v. The State Of Bihar

2024-10-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14140 of 2024 ====================================================== Kaushlendra Kumar S/o Pradeep Narayan, R/o Vill- Chater, PO- Jehanabad, PS- Jehanabad, Dist- Jehanabad, Bihar- 804424. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Higher Education, Education Department, Government of Bihar, Patna.

4.

The Bihar State University Service Commission through its Secretary, 8th Floor, Bihar School Examination Board, Academic Building, Budh Marg, Patna- 800001.

5.

The Chairman, Bihar State University Service Commission, 8th Floor, Bihar School Examiation Board, Academic Building, Budh Marg, Patna- 800001. 6.

The Secretary, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board, Academic Building Budh Marg, Patna- 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Dhananjay Kumar, Advocate For the State :

Mr. Prashant Kumar, AC to SC-5 For the Commission :

Mr. Tuhin Shankar, Advocate Mr. Gopal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2024 Heard learned counsels for the parties.

2. The present writ application has been filed for the following reliefs:- "a. For issuance of appropriate writ in the nature of mandamus order or direction, for directing the respondent Bihar State University Service Commission (hereinafter referred to as "Commission") to consider objection of the petitioner and allow him to participate in the selection process for the post of Assistant Professor for physics subject against advertisement number-AP-PHYS-20/20-21 as he has applied online and posted hardcopy of his application form on 21.12.2020 well within time.

Patna High Court CWJC No.14140 of 2024(3) dt.22-10-2024 2/2 b. For issuance of appropriate writ in the nature of certiorari for quashing general notice dated 21.06.2024 having number B.S.U.S.C/Adv-33/2033(Khand-7)-595 Patna whereby and whereunder petitioner's candidature has been rejected on the ground of non-receiving application form before last date despite having applied online well before last date.

c. Pass any other or further order as this Hon'ble Court may deem fit and proper in the interest of justice."

3. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has already filed his objections on 28.06.2024 through e-mail. However, the same has yet not been disposed of.

4. In view of the limited nature of prayer, this writ application is disposed of with a direction to the petitioner to submit his objection before the respondent-Bihar State University Commission, along with all the necessary documents and details in support, within a period of one week from today.

5. In the event the petitioner submits his objection within the stipulated period, the respondent-Commission shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, within a period of four weeks thereafter.

(Prabhat Kumar Singh, J) shashank/- U