Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17092 of 2023 ====================================================== Jitendra Kumar Singh Son of Surendra Singh Resident of village- Barka More, P.O- Nahauna, P.S- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chairman Bihar Public Service Commission. Jawaharlal Nehru Marg, Bailey Road, Patna.

2.

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

3.

The Joint Secretary cum Examination Controller, the Bihar Public Service Commission, Jawaharlal Nehru Marg, Bailey Road, Patna. 4.

The State of Bihar through the Principal Secretary, Education Department Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sharma, Adv.

For the Respondent/s :

Mrs. Smt. Anuradha Singh, SC-21 For the B.P.S.C.

:

Mr. Lalit Kishore, Sr. Adv.

Mr. Satyabir Bharti, Adv.

Mr. Abhishek Anand, Adv.

Ms. Kanupriya, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 07-03-2024 Heard learned counsels for the parties.

2. The petitioner has prayed for following relief(s):- I) For issuance of writ/writs, order/orders, direction/directions in nature of mandamus for declaration of petitioner's final result after removing discrimination among equal in matter selection and appointment of School Teacher Recruitment Examination conducted by the Bihar Public Service Commission, Patna vide Advertisement No. 26/2023 in which petitioner

2/4 duly participated in the said examination in subject of History for Higher Secondary School (11-12) vide Roll No. 883299 but deprived from precious opportunity of employment due to deliberate negligence of the State respondent authority whereby a faulty examination Question Booklet series (mixture of Booklet series 'A', 'B') was given to the petitioner at examination center against which petitioner immediately filed representation dated 28-08-2023 (Annexure 4) addressed to the respondent no.1 but till date it has not been redressed.

II) For direction to issue appointment letter in favour of petitioner in terms of the Advertisement No. 26/2023 in which petitioner duly participated in the said examination in subject of History for Higher Secondary School (11-12) vide Roll No. 883299 but deprived from precious opportunity of employment due to deliberate negligence of State respondent authority whereby faulty examination Question Booklet series (mixture of Booklet series 'A', 'B') was given to the petitioner at examination center whereby his final result adversely affected.

III) For direction to take final decision on petitioner representation dated 28-08-2023 (Annexure 4) addressed to the Chairman Bihar Public Service Commission, Patna (respondent.1) which is pending since long time

3/4 wherein petitioner raised issue of faulty examination Booklet series (mixture of Booklet series 'A', 'B') given to the petitioner at examination center whereby his final result adversely affected due to which he is deprived from the precious opportunity of employment without any legal justification.

iv) For issuance of any other appropriate writ/writs,order/orders, direction/directions for which the petitioner shall be found entitled under the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner has filed a representation before the Chairman, Bihar Public Service Commission, Patna and the said representation is still pending.

4. In view of the submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

5. Accordingly, this writ application is disposed of with a direction to the Secretary, Bihar Public Service Commission, Patna (respondent no.2) to dispose of the representation of the petitioner by a reasoned and speaking order in accordance with law within six weeks from the date of receipt/production of a copy of this order.

4/4

6. It is made clear that the Secretary, Bihar Public Service Commission, Patna (respondent no.2) shall be personally responsible for non-compliance of this order within the stipulated period.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.03.2024 Transmission Date NA