Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.133 of 2022 ====================================================== Dhirendra Kumar Son of Krishnanandan Sharma Resident of MohallaHadaspura, Police Station- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary General Administration Department, Government of Bihar, Patna.

3.

The Bihar Staff Selection Commission Vetnary College, Patna through its Secretary.

4.

The Chairman The Bihar Staff Selection Commission, Vetnary College, Patna.

5.

The Additional Secretary-cum- Examination Controller Bihar Staff Selection Commission, Vetnary College, Patna.

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Advocate For the Respondent/s :

Mr.Manish Kumar ( GP-4 ) Mr. Ajay Kumar, AC to GP-4 Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has participated in the process of selection of Forest Guards. The advertisement is of the year 2014. The result was published on 31-10-2021, wherein the petitioner has not emerged successful.

3. In January 2022, the present writ application has been filed.

4. The learned counsel for the petitioner submits that

Patna High Court CWJC No.133 of 2022(3) dt.18-08-2023 2/3 he had tried to obtain the marks awarded to him under Right to Information (RTI), but the same was not made available. There is nothing on record to show that he has ever filed an application under RTI or that it has been rejected. Even if he has not been supplied information under RTI, it is open to him to avail the remedy of appeal available under the Right to Information Act.

5. The law is very well settled that having participated in the selection process, when a candidate is declared ineligible, it is not open to him to allege that any terms or conditions in the selection process was unfair.

6. The petitioner has also claimed parity with petitioners of CWJC No. 4353 of 2020. Specific reliance is placed on order dated 7-12-2021 passed in their case, copy of which is annexed as Annexure-6 series to the writ petition.

7. From perusal of the order, it is obvious that those candidates had approached this Court long before the result was declared, raising an issue regarding some irregularity in the preliminary tests. It is in that background that the Court had directed for maintaining status quo till further orders.

8. In the instant case, as noted above, only after the petitioner has been declared unsuccessful in the selection process, he has approached this Court three months thereafter.

Patna High Court CWJC No.133 of 2022(3) dt.18-08-2023 3/3 He cannot claim parity with petitioners of CWJC No. 4353 of 2020. No case is made out.

9. The writ petition is dismissed.

(Madhuresh Prasad, J) SUMIT/- U