Mrigendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13937 of 2019 Dr. Kumar Sanjeev, aged about 45 years, male, Son of late Chandra Madhav Prasad Singh, Resident of Village and P.O.- Mow Dhaneshpur (South), Police Station- Vidyapati Nagar, District- Samastipur- 848503. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

The Principal Secretary, Department of Education, Bihar, Patna. The Director, Higher Education, Bihar, Patna. Joint Secretary-Cum-Examination Controller, Bihar Public Service Civil Writ Jurisdiction Case No. 17191 of 2019 Shyam Bihari Choudhary, aged about 42 years, male, Son of Lal Choudhary, Resident of Village- Chanaur, Police Station- Manigachhi, DistrictDarbhanga, at present resident of B- 414, Near J.V.T.S. Garden, Chattarpur Extension, South Delhi, Delhi- 110074.

Arvind Kumar Suman, aged about 43 years, male, Son of late Bhola Das, Resident of Village- Akbar Nagar, Police Station- Akbar Nagar, DistrictBhagalpur. Supriya Soni, aged about 36 years, female, Wife of Vikash Kumar, Resident of Trimuhani House, Near Kalambagh Road, Ward No. 30, Police Station-

2/6 Kazimdpur, District- Muzaffarpur.

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

The Principal Secretary, Department of Education, Bihar, Patna. The Director, Higher Education, Bihar, Patna. The Director, Research and Training, Department of Education, Bihar, Patna.

7.

Joint Secretary-cum-Examination Controller, Bihar Public Service Civil Writ Jurisdiction Case No. 19862 of 2019 Mrigendra Kumar, aged about 35 years, male, Son of Shankar Jha, Resident of Ward No. 7, Village- Maharathpur, Police Station- Singhoul (O.P.), Begusarai, District- Begusarai.

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

The Principal Secretary, Department of Education, Bihar, Patna. The Director, Higher Education, Bihar,Patna.

The Director, Research and Training, Department of Education, Bihar, Patna.

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Joint Secretary-Cum-Examination Controller, Bihar Public Service Civil Writ Jurisdiction Case No. 1449 of 2020 Gyan Ranjan Gangesh, male, aged about 41 years, Son of Late Rajni Kant Pathak, Resident of Village-Samar, PO-Mahisautha, PS-Nanpur, Dist.- Sitamarhi.

Swamy Sudhir, male, aged about 42 years, Son of Late Shubhendra Sharma, Resident of Village-Jaykishan Bigha, PS-Ghosi, Dist.-Jahanabad. Gunjesh Kumar, male, aged about 35 years, Son of Raghuraj Bihari Sharan, Resident of Village-Katarmala, PS-Bhagwanpur, Dist.-Vaishali. Smita Priyadarshini, female, aged about 37 years, Daughter of Shiv Shankar Prasad Singh, Resident of Village-Sheikhpur, PS and Dist.-Muzaffarpur. Priya Ranjan, male, aged about 43 years, Son of Vijay Kumar Sinha, Resident of Village Ramnagar, PS-Gaighat, Dist.-Muzaffarpur. Rajesh Kumar, male, aged about 46 years, Son of Nandlal Singh, Kamla Bhavan Jagdamba Colony, Sanchipatti, Hajipur, Dist-Vaishali. 7.

Amarjeet Kumar Singh, male, aged about 40 years, Son of Mundirka Singh, Resident of Bhabhanagar Colony, Muzaffarpur, PS-Muzaffarpur Sadar, Dist.-Muzaffarpur.

8.

Praveen Kumar, male, aged about 40 years, Son of Amarendra Kumar, Resident of Rajbag, Ward No. 9, PS-Pupari, Dist.-Sitamarhi. 9.

Nitu Bala, female, aged about 39 years, Daughter of Pramod Kumar Chaudahry, Resident of Sri Krishna Vihar, Bhagwanpur, PS-Muzaffarpur Sadar, Dist.-Muzaffarpur.

4/6 The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

The Principal Secretary, Education Department, Government of Bihar, Patna.

The Director, Research and Training, Educaton Department, Government of Bihar, Patna.

Bihar Public Service Commission, Bailey Road, Patna through its Secretary. The Secretary, Bihar Public Service Commission, Bailey Road, Patna The Joint Secretary-Cum-Examination Controller, Bihar Public Service Commission, Bailey Road, Patna.

Appearance :

(In Civil Writ Jurisdiction Case No. 13937 of 2019) For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Ms. Shilpa Singh, GA-12 For the BPSC :

Mr. Sanjay Pandey, Adv.

Mr. Nishant Kumar Jha, Adv.

For the Intervenor :

Mr. Brisketu Sharan Pandey, Adv.

(In Civil Writ Jurisdiction Case No. 17191 of 2019) For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the BPSC :

Mr. P.N. Shahi, Sr. Adv.

Mr. Ratnesh Kumar Singh, Adv.

(In Civil Writ Jurisdiction Case No. 19862 of 2019) For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Kameshwar Kumar, GP-17 For the BPSC :

Mr. Sanjay Pandey, Adv.

Mr. Nishant Kumar Jha, Adv.

(In Civil Writ Jurisdiction Case No. 1449 of 2020) For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Adv.

For the State :

Ms. Shilpa Singh, GA-12 For the BPSC :

Mr. Sanjay Pandey, Adv.

Mr. Nishant Kumar Jha, Adv.

5/6 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 24-11-2021 Heard the counsel for the parties.

2. Mr. Sanjay Kumar, the learned Advocate for the petitioners submits that these writ petitions arise out of the selection process undertaken by the respondent/Bihar Public Service Commission for appointment of Lecturers in Government Teachers Training College in the State of Bihar through Advertisement No. 02 of 2016.

3. Mr. Kumar submits that a co-ordinate Bench of this Court has by order dated 22.03.2021, passed in C.W.J.C. No. 15081 of 2018, set-aside the entire process.

4. The aforesaid judgment has been appealed vide L.P.A. No. 301 of 2021 and other analogous appeals.

5. Considering the afore-noted aspect of the matter, these writ petitions are disposed off with the observation that after the decision in the L.P.As., referred to above, is taken and the cause of action of the petitioners subsists, it would be open for them to invoke the jurisdiction of this Court.

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6. The writ petitions are disposed off accordingly.

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