Dilip Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1753 of 2018 =========================================================== Dilip Kumar Singh, Son of Prabhunath Singh, Resident of Village- Nautan, P.S.- Marhowrah, District- Saran.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3. The Commissioner, Saran at Chapra.

4. The District Magistrate, Saran, Chapra.

5. The D.D.C. Saran, Chapra.

6. The D.P.O. Saran, Chapra.

7. The B.D.O. Marhowrah, Saran.

8. Block Programme Officer, Mahowrah, Saran.

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

For the Petitioner/s : Mr. Dhananjay Mishra, Advocate For the Respondent/s : Mr. Binay Kumar Pandey, AC to GA - 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 13-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this present case, the petitioner is seeking relief for appointment on the post of Bare Foot Technician making an allegation that persons having lesser marks than the petitioner, have been appointed and he has been left out. The petitioner is holding the qualification of Intermediate.

Learned counsel for the petitioner submits that a screening test was held on 15.10.2016 in which petitioner has obtained 87 percent marks which is reflected from Annexure 2. Learned counsel for the petitioner has pointed out that from

Patna High Court CWJC No.1753 of 2018 dt.13-07-2018 2 /2 the list of selected candidates attached with the counter affidavit showing that persons having secured the lesser marks have been appointed, whereas petitioner has secured higher mark has been left out. The list which has been attached by the respondent reflects that two classes of persons one is general category candidate and another is reserved category candidate and on perusal of the same it appears that lesser marks of candidate who have secured less marks in the test have been appointed. Already petitioner has filed a representation before the authority concerned that he has wrongly been deprive of his selection. In such view of the matter, this Court directs D. D. C., Saran at Chapra to consider the claim of petitioner, if any persons who have secured lesser marks having been appointed, the petitioner should also be appointed by replacing the last person of the list within a period of two months from date of receipt/production of a copy of this order.

With the aforesaid observations and directions this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date1.8.2018 Transmission Date NA