Vikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 22592 of 2019 ====================================================== 1.

Vikesh Kumar S/o Sohan Mandal Resident of Village- Fazilpur, P.o.- Sakrama, P.s.- Sanhola, District- Bhagalpur 2.

Anjali Kumari D/o Sohan Mandal Resident of Village- Fazilpur, P.o.- Sakrama, P.s.- Sanhola, District- Bhagalpur 3.

Manoj Kumar @ Manoj Mandal S/o Kamleshwari Mandal Resident of Village- Ramnagar, P.o.- Kahalgaon, P.s.- Kahalgaon, District- Bhagalpur 4.

Chhatish Kumar S/o Sohan Mandal Resident of Village- Fazilpur, P.o.- Sakrama, P.s.- Sanhola, District- Bhagalpur 5.

Kamal Kishor S/o Late Jangli Mandal Resident of Village- Ramnagar, P.o.- Kahalgaon, P.s.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner Bhagalpur, Distt.- Bhagalpur 3.

The District Magistrate Bhagalpur, Distt.- Bhagalpur ... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Dhananjay Kumar Gupta, Advocate For the Respondent/s :

Mr Akhileshwar Singh, AC to GA II ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 20-01-2020 Heard learned counsel for the petitioners and the respondent-State.

2 Writ petition has been filed seeking a direction to include the petitioners in the final panel prepared for appointment to Grade IV posts in the District of Bhagalpur. 3 The claim of the petitioners is based on an extract of a provisional panel allegedly prepared. The same is Annexure 2 series. Learned counsel for the petitioners submits that provisional

Patna High Court CWJC No.22592 of 2019 dt.20-01-2020 2/2 panel was prepared pursuant to Advertisement (Annexure 1). Annexure 1, however, does not talk of preparation of any provisional panel. Further, the so-called extract of provisional panel annexed by the petitioners does not contain any detail. From perusal of the same, it is not possible to ascertain the district or even the date on which it is said to have been prepared. By no stretch of imagination, this Court can conclude that the provisional panel (Annxure 2 series) was published pursuant to Annexure 1. 4 In the circumstance, there is no scope for issuing any direction to the District Magistrate, Bhagalpur for considering the petitioner's claim. Even otherwise, the Advertisement (Annexure

1) contemplates preparation of a panel for the year, 2016-2017 and that it was to remain operative for only one year. Writ petition also does not contain any pleading that after 2017, the panel's life has been extended.

5 No enforceable claim has been made out by the petitioners. Writ petition is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2020 Transmission Date NA