Ravi Kant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.26 of 2023 ====================================================== Ravi Kant Prasad, Son of Sri Suresh Prasad, Resident of Mohalla - Kathpul South Mandiri, Harijan Colony, P.S. - Buddha Colony, District - Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department, New Secretariat, Bailey Road, Patna, Government of Bihar, Patna. 2.

The Principal Secretary, Agriculture Department, New Secretariat, Bailey Road, Patna, Government of Bihar, Patna.

3.

The Director, Agriculture Department, Krishi Bhawan, Mithapur, Patna. 4.

The Agriculture Production Commissioner, (A.P.C.), Agriculture Department, Government of Bihar, Patna.

5.

The Bihar Public Service Commission, Through its Secretary, 15, Jawaharlal Nehru Marg, Bailey Road, Patna.

6.

The Secretary, Bihar Public Service Commission 15, Jawaharlal Nehru Marg, Bailey Road, Patna.

7.

The Joint Secretary cum Examination Controller, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, Bailey Road, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ratan Kumar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, AC to GA-11 For the BPSC :

Mr. Rajni Kant Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner, learned AC to GA-11 for the State and learned counsel for the Bihar Public Service Commission (hereinafter referred to as 'the BPSC'). The petitioner in the present case is seeking a direction to the respondent authorities to appoint him on the post of SubDivisional Agriculture Officer/Deputy Project Director ATMA/Assistant Director (Agronomy & Equivalent) in pursuant to the Advertisement No. 86 of 2014 published by the BPSC. In paragraph '11' of the writ application, the petitioner

Patna High Court CWJC No.26 of 2023(2) dt.15-02-2023 2/2 admits that the BPSC has published the combined merit list in which the petitioner's name has been placed at serial no. 486. The petitioner has obtained total 216 marks out of 550 and has missed out the cut off marks in his category which has been fixed at 251. Therefore, he has secured 35 marks less than the minimum cut off marks. The only submission of learned counsel for the petitioner is that there are vacant posts against which the petitioner may be appointed as he belongs to SC category.

A counter affidavit has been filed on behalf of the respondent nos. 1 to 4. In paragraph '7', it is stated that the BPSC had recommended 231 candidates for appointment out of which 228 candidates appeared for certification and letter of appointment has been issued to all the 228 candidates. It is also stated that the appointment process has been concluded and it has come to an end. Having regard to the above-mentioned submissions, this Court is of the considered opinion that the petitioner has failed to make out a case for issuance of a writ in the nature of Mandamus. He is much below the cut off marks and now the appointment process is also over.

This writ application is dismissed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U