Rupesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15889 of 2025 ====================================================== 1.
Rupesh Kumar Das, Son of Badri Narayan Das, Resident of Village- Sabour, P.S.- Sabour, District- Bhagalpur.
2.
Deepak Kumar Gupta, Son of Tarni Prasad Gupta, Resident of VillageBhikhanpur Bhatta Road no.-12 Near, Bunyadi School, Gali Ward No.- 34, P.S.- Ishak chak, District- Bhagalpur.
3.
Sonu Kumar, Son of Om Parkash Sah, Resident of Village- Abjuganj, P.S.- Sultanganj, District- Bhagalpur.
4.
Amit Mohan Gupta, Son of Late Raj Mohan Prasad Resident of VillageUrdu Bazar Road, Near City Public School, P.S.- Tatarpur, DistrictBhagalpur. 5.
Ritesh Raj, Son of Dinesh Pandit, Resident of Village- Shivpur Logde, P.S.- Haweli Kharagpur, Distt.- Munger.
6.
Neeraj Kumar Singh, Son of Mantu Prasad Singh, Resident of VillageSaruvajor, P.S.- Katoriya, District-Banka. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna.
2.
The Chairman, Bihar Staff Selection Commission, Patna. 3.
The Secretary, Bihar Staff Selection Commissioner, Patna. 4.
The Joint Secretary, Bihar Staff Selection Commissioner, Patna. 5.
The District Magistrate, Banka.
6.
The Deputy Collector, Establishment, Banka.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Abdus Shakoor For the Respondent/s :
Mr. Manoj Kumar Ambastha, SC 26 Mr. Santosh Kumar Mishra, AC to SC 26 For the BSSC :
Mr. Satyabir Bharti, Sr. Advocate Mr. Abhishek Anand, Advocate Ms. Kanupriya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 18-11-2025 The petitioners have raised their grievance for not being appointed as Group IV staff in the district of Banka in
2/5 spite of they being selected in the examination conducted by the Bihar Staff Selection Commission. The petitioners have prayed for the following reliefs:- "i. For direction and commanding upon the respondent authorities for appointment of the petitioners on the post of class-IV as peon in District- Banka from pursuance of Advertisement No. 01 of 2018 dated 06.01.2019 issued by District Magistrate, Banka, whereas and whereunder petitioners have already secured all process of the examination of the same post conducted to the Bihar Staff Selection Commission, Bihar, Patna.
ii. For direction upon the respondent authorities for fair and fresh verification of educational documents of candidates who have already appointed/ selected for post of class-IV as peon in Banka District by the respondents in which respondent authority have same illegal and forged appointed to the same post over-aged candidates who having Roll No. 10030033 and 10030037 etc.
iii. For direction upon the respondent authorities for take departmental proceeding and FIR lodged against the responsible officer and forged appointed candidates who have misused their power
3/5 after departmental proceeding they may be dismissed from their service.
iv. For direction upon the respondents to appoint the petitioners on the remaining vacant seats of class- IV as peon in District-Banka as per law.
V. For any other relief or reliefs may be found entitled to the fact and circumstances of this case."
2. The learned Advocate for the petitioners refers to page 33(Annexure P/5 series) to show that the petitioners were selected for appointment to Group IV posts in the district of Banka, however, they were not appointed.
3. It is also alleged by the petitioners that two candidates were appointed by the respondent authority in spite of being over-aged on the basis of forged documents.
4. Thus, it is alleged by the petitioners that they were discriminated and they should be appointed in Group IV Category in the district of Banka.
5. The learned Advocate on behalf of the BSSC on the other hand, submits that total vacancy in the district of Banka was 138 and out of 138 vacancies 136 candidates were found fit to be appointed and they were already recommended to the District authority for issuance of appointment letters. It is also submitted by him that the process of recruitment of Group IV
4/5 staff consists written examination and verification of documents of successful candidates in the written examination and thereafter recommendation for appointment. Annexure P/5 demonstrates that the District of Banka, based on the merit list of the written examination conducted on 15th September 2024, initially shortlisted 150 candidates for document verification on 6th February 2025 and a further 113 candidates on 7th February 2025-all of whom possessed at least a 10th pass academic qualification. All those selected candidates were directed to produce their documents for verification. On verification of documents 136 candidates were found to be eligible for appointment and due recommendation was made to the District authority by BSSC.
The names of the petitioners did not find place in the final selection/recommendation letter, therefore, they were not recommended for appointment. The petitioners have failed to make out any case of scam or corruption in the conduct of the examination or in the process of verification of documents by the BSSC. They have also failed to disclose the names of the two candidates who were allegedly recommended despite being over-aged.
6. Therefore, no positive case is made out in support of the petitioners claim.
5/5
7. Thus, I do not find any merit in the instant writ petition and the same is accordingly dismissed. (Bibek Chaudhuri, J) suraj/- U