Patna High CourtCWJC/17641/2017allowed

Ajay Kumar Singh v. The State Of Bihar And ORS

2018-05-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17641 of 2017 ====================================================== Ajay Kumar Singh, S/o Late Nagendra Prasad, R/o Vill- Baikunthpur, P.S.- Garakha, Dist- Saran.

.... .... Petitioner/s

Versus

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

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

3. The Commissioner, Saran at Chapra.

4. The D.M. Saran at Chapra.

5. The D.D.C. Saran at Chapra.

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

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

8. The Block Programme Officer, Garakha, Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra For the Respondent/s : Mr. Vikash Kumar - Sc-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2018 The writ petitioner, by way of the present writ petition, has prayed for directing the respondents to appoint the petitioner as Bare Food Technician on the ground that the persons having lesser marks than the petitioner herein have got appointment.

The facts in detail are not required to be stated in the present order in view of the fact that the respondents, in their counter affidavit, have filed a chart wherein the marks obtained by the appointed candidates have been mentioned. The learned counsel for the petitioner, referring to the

Patna High Court CWJC No.17641 of 2017 (3) dt.09-05-2018 2/2 said chart, has submitted that while the petitioner has secured 69.5% mark, the persons appointed, according to the said chart annexed by the respondents in their counter affidavit, at serial No.3, 4, 5, 6 and 10 are having lesser marks than the petitioner herein.

The aforesaid position is not disputed by the learned counsel for the respondents.

In view of the aforesaid, the present writ petition is allowed and the respondents are directed to consider the case of the petitioner for appointment, since the persons having lesser marks than the petitioner herein, have been appointed. The entire exercise must be completed within a period of four weeks from today.

(Mohit Kumar Shah, J) BTiwary/- U