Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.610 of 2022 In Civil Writ Jurisdiction Case No.15060 of 2021 ====================================================== 1.
Mukesh Kumar Son of Late Punit Prasad Resident of Village and P.O.- Siraha, P.S.-Pakri Dayal, District-East Champaran. 2.
Pradeep Patel Son of Nawal Kishor Roy Resident of Village-Pipara Khem, P.S.-Kalyanpur, District-East Champaran.
3.
Md. Zafar Imam Son of Md. Mazhar Hussain Resident of Village-Sishani, P.S.-Kundawa Chainpur, District-East Champaran. 4.
Himanshu Kumar Son of Shashikant Rai Resident of Village-Kudarkat, P.S.- Chhauradano, District-East Champaran.
5.
Varun Kumar Son of Sri Sanjay Kumar Pandey Resident of Mohalla-Sri Krishna Nagar, Motihari, Ward No.31, P.S.-Motihari, District-East Champaran.
6.
Shivendra Thakur Son of Rameshwar Thakur Resident of Village-Gohi, P.S.- Warisnagar, District-Samastipur.
7.
Pankaj Kumar Son of Harinandan Prasad Resident of Village-Tenua, P.S.- Kalyanpur, District-East Champaran.
... ... Appellant/s
Versus
1.
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Animal Husbandary and Fishery Department, Govt. of Bihar, Patna.
3.
The Fishery Directorate, Govt. of Bihar, Patna. 4.
The Secretary Bihar Staff Selection Commission, through its Secretary, Veterinary College, Patna.
5.
The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna.
6.
The Bihar Technical Service Commission through its Secretary, Harding Road, Patna.
7.
The Deputy Secretary, Bihar Technical Service Commission, Harding Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dinu Kumar, Advocate Mrs.Ritika Rani, Advocate For the State :
Mr.Md. Khurshid Alam (AAG12) For the BTSC :
Mr.Nikesh Kumar, Advocate Mr. Akshansh Shanker, Advocate ======================================================
Patna High Court L.P.A No.610 of 2022 dt.16-06-2025 2/3 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 16-06-2025 Re: I.A. No. 01 of 2025 Heard I.A. No. 01 of 2025 for condonation of delay. There is a delay of about 24 days in filing L.P.A. No. 610 of 2022.
2. For the reasons stated in the application read with the affidavit, delay of about 24 days in filing LPA No. 610 of 2022, stands condoned.
3. Accordingly, I.A. No. 01 of 2025 stands allowed. LPA No. 610 of 2022
4. Appellants counsel could not apprise this Court with reference to the Rules governing the post of Fishery Extension Officer, which is the subject matter of litigation.
5. If the appellants fail to furnish the relevant Rules of Recruitment/Executive Order governing the post of Fishery Extension Officer, we are compelled to pass adverse order.
6. At this stage, learned counsel for the appellants submit that the appellants are candidate for recruitment to the post of Fishery Extension Supervisor whereas the learned Single
Patna High Court L.P.A No.610 of 2022 dt.16-06-2025 3/3 Judge has proceeded to pass order as if the appellants are candidate for recruitment to the post of Fishery Extension Officer. Moreover, the appellants could not apprise this Court with reference to the relevant Rules of recruitment and how their rights have been affected. On factual aspect, they are disputed in the light of the learned Single Judge order, therefore, appellants have remedy of filing review petition and apprising the learned Single Judge that they have not applied for the post of Fishery Extension Officer rather they have applied for the post of Fishery Extension Supervisor.
7. In the light of these facts and circumstances, the LPA stands disposed of reserving liberty to the appellants to invoke remedy of filing review petition.
8. Accordingly, LPA stands disposed of with aforesaid liberty.
(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.06.2025 Transmission Date NA