Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21222 of 2021 ====================================================== Amit Kumar Son of Sri Prashuram Prasad Yadav, resident of Village and PostSondhani, P.S.- Bhagwanpur Hat District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Bihar Public Sub-Ordinate Service Commission through its Secretary, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna. 5.

The Chairman, Bihar Public Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna. 6.

The Secretary, Bihar Public Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna. 7.

The Officer on Special Duty, Bihar Public Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna.

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

For the Petitioner/s :

Mr.Mithilesh Kumar, Advocate For the State :

Mr.Md. Nadim Seraj (Gp5) Mr. Dhurendra, AC to GP-5 For BPSC :

Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2024 The present writ petition has been filed seeking the following reliefs:- "i) For commanding the respondents to quash the merit list of Bihar Police Sub Inspector published on 17.06.2021 as contained in Annexure-8 series against Advertisement No.

01/2019 | Combined Examination to the post of Police Sub Inspector, Sergeant, Assistant

2/4 Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen) conducted by Bihar Police Sub-ordinate Service Commission mainly on the reason candidates belonging from General Category who were declared successful in Combined Mains Examination after scoring the cut of score 75.8% have not been declared successful despite the cut of score in the Final Merit list of General Category has been reduced by 0.8% meaning thereby the Final Merit list has been published in an arbitrary manner after ousting the meritorious candidates which is in utter violation of Article 14 of the Constitution of India.

(ii) Also for commanding the respondents to disclose the reason for not declaring successful to the petitioner despite scoring more than the cut of score published by the Bihar Police Sub-Ordinate Service Commission on 17.06.2021.

(iii) To hold and declare any appointment made on the basis of result dated 17.06.2021 as contained in Annexure-8 series of the writ application during the pendency of the writ application is void, illegal, bad-in-law and violation of Article 14 and 16 of the Constitution of India.

3/4 (iv) To hold & declare non-disclosure of score obtained by the petitioner in the Final Merit List under the Right to Information Act, 2005 is void, non-transparent, unfair, not free form doubt and violation of Article 19 of the Constitution of India.

(v) Also commanding the respondent no.4 to 7 to declare the petitioner successful against Advertismeent No.01/2019 as contained in Annexure-1 for the post of Police Sub Inspector.

(vi) Also commanding the respondent nos. 4 to 7 to recommend the name of the petitioner for appointment to the advertised post against the advertisement as contained in Annexure-1.

(vii) Also commanding the State respondents to give consequential service benefits including seniority considering merit of the petitioner after appointment."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent-authorities for redressal of his aforesaid grievances. Liberty, so sought, is

4/4 granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U