Hari Shankar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7188 of 2017 ====================================================== Hari Shankar Kumar Son of Jugut Ray Yadav Resident of Mahaveer Enclave, Dadar, North of Sri Ram Nagar, M.I.T., P.S. - Ahiyapur, District-Muzaffarpur, Pin Code-842003 ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Bihar, Patna

2. The Chairman, Bihar Public Service Commission, Patna

3. The Special Secretary-cum- Examination Controller, Bihar Public Service Commission, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the State :

Mr. Arvind Kumar, AC to - GP23 For the Commission :

Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner, with reference to Annexure-5, submits that the petitioner has submitted representation before the Commission wherein he has indicated that in subsequent examination he has secured 55% marks and as such the Commission is required to consider the case of the petitioner.

Mr. Sanjay Pandey, learned counsel for the Bihar Public Service Commission submits that Annexure-5 was only with reference to acquiring eligibility of 55% marks before the cut off date but it has nothing to do with subsequent development and if the petitioner has improved his marks in the

Patna High Court CWJC No.7188 of 2017(2) dt.29-03-2018 2/2 subsequent examination that will not enable him to appear at the examination in terms of Annexure-5.

Considering the above, the writ petition stands dismissed as completely devoid of any merit.

In case subsequent competitive examinations are held the candidature of the petitioner may be considered on account of acquiring subsequent qualification. (Anil Kumar Upadhyay, J) spandey/- U