Vikash Kumar @ Vikas Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18348 of 2016 ===========================================================

1. Vikash Kumar @ Vikas Kumar Son of Late Vidya Sagar Singh Kannulal Road, Mithapur, P.S.- Jakkanpur, District- Patna.

2. Dhirendra Kumar Son of Late Ram Narayan Singh Resident C/o Home Police Department, Old Secretariat, Type Section, P.S.- Sachiwalay, Patna.

3. Sunder Sahu Son of Late Sri Rameshwar Sahu Yarpur Gouriya Tola, P.S.- Gardanibagh, Patna.

4. Amarnath Son of Late Raghunath Prasad Resident of Bhikhachak, Naya Tola, P.O.- Anisabad, P.S.- Gardanibagh, District- Patna.

5. Ramesh Kumar Son of Late Ram Krishna Thakur Resident of Mohalla- New Yarpur Janta Road, P.S.- Gardanibagh, District- Patna.

6. Ranjan Prasad Son of Ramanand Prasad Resident of Village- Chitkohra, Masjid Road, P.O.- Anisabad, P.S.- Gardanibagh, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3. The Bihar Staff Selection Commission, through its Secretary, Veterinary College, Patna- 800014.

4. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna800014. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya, Adv. For the Respondent/s : Mr. Saroj Kumar Sharma, A.C. to AAG3 Mr. S.S.Sundram, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 07-11-2017 Heard Mr. Dronacharya learned counsel for the petitioners, Mr. S.S. Sundram for the Staff Selection Commission and Mr. Saroj Kumar Sharma, A.C. to AAG 3 for the State.

The grievance raised by the petitioners in this writ petition is that although the advertisement present at Annexure-4 has been published in the year 2016 with the cut of date of 01.08.2015 for

Patna High Court CWJC No.18348 of 2016 dt.07-11-2017 2/3 appointment on the post of Stenographers but this advertisement having been issued after a decade of the previous advertisement which was published in the year 2006 with the cut of date of 10.08.2005, it has deprived the petitioners of participating in the selection process because in between the two advertisements the petitioners have crossed the prescribed age limit. Reliance was placed by the counsel for the petitioners to the circular of the Personnel and Administrative Department dated 23.01.2006 to submit that in view of the principles so laid down in the said advisory the cut of date fixed in the advertisement at Annexure-4 ought to have been in consideration of the cut of date which was fixed in the previous advertisement issued in the year 2006.

Counter affidavit is filed on behalf of the Principal Secretary, General Administrative Department taking note of the grievance so raised by the petitioners herein and the submissions made at paragraphs 8 and 9 of the counter affidavit puts at rest the issues raised herein for directions have been issued to the Secretary, Bihar Staff Selection Commission by the Department vide letter No. 13853 dated 03.11.2017 for publication of amended advertisement for appointment of Stenographer with a cut of date of 01.8.2006 in place of 1.8.2015. A copy of the letter is enclosed at Annexure-A to the said counter affidavit.

Patna High Court CWJC No.18348 of 2016 dt.07-11-2017 3/3 In view of the directions so issued to the Commission for publication of the advertisement with the cut of date of 1.8.2006, the grievance so raised by the petitioners stands answered and the writ petition is accordingly disposed of.

(Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.11.2017 Transmission Date NA