Brajesh Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.372 of 2017 In Civil Writ Jurisdiction Case No.10808 of 2014 ==========================================
1. Brajesh Kumar, Son of Sri Baikunth Prasad Singh, resident of Village- Bithalpur, P.O.- Amari, P.S. & District- Jamui.
2. Anoj Kumar Singh, Son of Sri Krishnadeo Singh, resident of Village- Bihari, P.O. & P.S. + District- Jamui.
3. Ranjan Kumar, Son of Late Nand Kishore Singh, resident of Village Bithalpur, P.O.- Amari, P.S. & DistrictJamui.
4. Rajesh Kumar Rawat, Son of Sri Kapildeo Rawat, resident of Village + P.O. + P.S.- Khaira, District- Jamui. ... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary General Administration Department, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.
3. The Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
4. The Divisional Commissioner, Munger Division, Munger.
5. The District Magistrate-cum-Collector, Jamui.
6. The Deputy Collector (Establishment), Jamui.
7. Ranjeet Singh, son of Late Bhawani Singh, resident of Bhajor, P.O. +P.S.+Dist-Jamui ... ... Respondent/s ========================================== Appearance :
For the Appellant/s :
Mr. Satya Prakash Parasar, Adv For the Respondent/s :
Mr. Prabhat Kumar Verma-AAG-3 ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 26-09-2018
Patna High Court LPA No.372 of 2017 dt.26-09-2018 2/3
1. Feeling aggrieved and dissatisfied by the impugned judgment dated 15.12.2016 passed by the learned Single Judge in C.W.J.C. No. 10808 of 2014, by which the learned Single Judge refused to grant any relief to the original writ petitioners and dismissed the said petition, the original writ petitioners have preferred present Letters Patent Appeal.
2. Having heard learned counsel appearing on behalf of the appellants and considering the impugned order, it appears that the original writ petitioners were found to be much below in the merit list as observed by the learned Single Judge. The appointments in the general category were made at the relevant time till serial No. 91 and for the EBC till serial No. 116. Therefore, the reason for not appointing the appellants was their positions in the merit list and non-availability of vacancy as such.
3. Considering the aforesaid facts and circumstances, when the learned Single Judge has dismissed the writ
Patna High Court LPA No.372 of 2017 dt.26-09-2018 3/3 petition, it cannot be said that learned Single Judge has committed any error.
4. In the circumstances, the present appeal lacks any merits and the same is accordingly dismissed. (Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28/09/2018 Transmission Date