Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17545 of 2024 ====================================================== 1.

Vinay Kumar son of Bhagwat Jha, resident of Village Dhangadha, P.S.- Dumariyaghat, District- East Champaran.

2.

Shashi Bhushan Kumar, son of Sarvanand Ray, resident of VillageKudarkat, P.S.- Chhauradano, District- East Champaran. 3.

Ravikant Dwivedi, son of Nandkishor Dwivedi, resident of Village- Parsauni Khem, Bara Chakia, P.S.- Chakia, District- East Champaran. 4.

Dharmendra Kumar, son of Sitaram Mahto, resident of Village- Bijbani, P.S.- Jitna, District- East Champaran.

5.

Rajeshwar Ray @ Rajeshwar Yadav, son of Ramchandra Yadav, resident of Vilalge- Murarpur, P.S.- Harsidhi, District- East Champaran. 6.

Ramesh Chandra Upadhyay, son of Srikant Upadhyay, resident of VillageJamla Tola, P.S.- Motihari Town, District- East Champaran. 7.

Ranjeet Kumar, son of Rajeshwar Prasad, resident of Village- Murarpur, P.S.- Harsidhi, District- East Champaran.

8.

Purnendra Ram, son of Janak Ram, resident of Village- Ahirauliya, P.S.- Chiraiya, District- East Champaran.

9.

Shailesh Kumar Ranjan, son of Ram Kamal Ram, resident of VillageJaynagar, P.S.- Chhauradano, District- East Champaran. 10.

Jay Prakash Prasad Yadav, son of Ram Devi Ray, resident of VillageSapgadha Misrauliya, P.S.- Chiraiya, District- East Champaran. 11.

Ajay Kumar, son of Anchit Mahato, resident of Village- Mahadeva, P.O. - Khurahiya, P.S.- Ghorasahan, District- East Champaran. 12.

Chutun Kumar Tripathi, son of Gaurishankar Tripathi, resident of VillageKushahar, P.S.- Turkauliya, District- East Champaran. 13.

Parmeshwar Bhagat, son of Narayan Bhagat, resident of Village- Semra Bhola Tola, P.S.- Turkauliya, District- East Champaran. 14.

Ramesh Pandey, son of Fulena Pandey, resident of Village- Damo Briti, P.O.- Machhargawan, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Bihar Staff Selection Commission, through its Secretary having office at Vetenary College, Patna- 800014.

3.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 5.

The Chief Malaria Officer, Government of Bihar, Patna. 6.

The Commissioner, Tirhut Division, Muzaffarpur. 7.

The District Magistrate, East Champaran at Motihari.

Patna High Court CWJC No.17545 of 2024(2) dt.21-11-2024 2/3 8.

The District Malaria Officer, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Respondent/s :

Mr. Binod Yadav, SC-18 For the BSSC :

Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-11-2024 Heard the parties.

2. The grievance of the petitioners is in narrow campus that neither the Bihar Staff Selection Commission has disclosed the reason for non-selection of the petitioners, nor even assigned the cut-off marks, while publishing the final result.

3. The learned Advocate for the petitioners contended that in terms of Advertisement No. 16732 of 2013 for preparation of the panel for appointment on Class-IV post in the District of East Champaran, the petitioners having found themselves eligible submitted their applications through online. The examination was conducted by the Bihar Staff Selection Commission, Bihar, Patna and the final result has also been published, but neither the cut-off marks nor the reason for nonsuiting the petitioners has been assigned, compelling them to approach before this Court.

4. At the outset, learned Advocate for the Bihar Staff

Patna High Court CWJC No.17545 of 2024(2) dt.21-11-2024 3/3 Selection Commission submits that the petitioners have appropriate remedy under the Right to Information Act, in case the petitioner shall file application before the Nodal Officer/ Public Information Officer of the Bihar Staff Selection Commission, they shall certainly provide the requisite information.

5. In view of the averments made in the writ petition and taking note of the grievance, this Court deems it apt and proper to dispose off the writ petition with a liberty to the petitioner to approach before the Public Information Officer of the Bihar Staff Selection Commission under the Right to Information Act, 2005 who shall furnish the requisite information as prayed for in the present writ petition, in terms of the prescription of Act.

6. It is expected that the Public Information Officer shall adhere to the time prescription prescribed under the Right to Information Act, 2005.

(Harish Kumar, J) supratim/- U