Tanushri Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23199 of 2019 ====================================================== Tanushri Choudhary, aged about 34 years (F), D/o Sant Lal Choudhary, Resident of Chhabi Kamla Sadan, West Boring Canal Road, P.S.-Budha Colony, District-Patna.

... ... Petitioner/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-Cum-Legal Remembrance, Department of Law and Justice, Government of Bihar, Patna.

4.

Bihar Public Service Commission, Bailey Road, Patna. through its Secretary. 5.

The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 6.

The Secretary, Bihar Public Service Commission, Bailey Road, Patna. 7.

The Joint Secretary-Cum-Examination Controller, Bihar Public Service Commission, Bailey Road, Patna.

8.

The High Court of Judicature at Patna. Patna through its Registrar General 9.

The Registrar General, High Court of Judicature at Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Brisketu Sharan Pandey, Advocate For the State :

Dr. Mankeshwar Sinha, AC to AAG-3 For the BPSC :

Mr. Sanjay Pandey, Advocate For the Patna High Court:

Mr. Piyush Lall, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs:- (i) For issuing writ of mandamus directing the

2/4 Respondents No.4 to 7 to declare the category wise- cut off marks result of 30th Bihar Judicial Service Mains (Written) Examination conducted in furtherance of Advertisement No.06/2018 as which has been done for the result of the preliminary examination drawn in furtherance of aforesaid advertisement.

(ii) For issuing writ of mandamus directing the Respondents No.4 to 7 to make suitable modification in the result of for 30th Bihar Judicial Service Mains (Written) Examination published on 05.10.2019 and re-declare the result declare the category wise- cut off marks result of 30th Bihar Judicial Service Mains (Written) Examination conducted in furtherance of Advertisement No.06/2018 as it has been done for the result of the preliminary examination drawn in furtherance of aforesaid advertisement.

(iii) Further the respondents be directed to the cut off marks for SC female category for the result of 30th Bihar Judicial Service Mains (Written) Examination conducted in furtherance of Advertisement No.06/2018 in the manner it has been done for the result of the preliminary examination drawn in furtherance of aforesaid advertisement.

(iv) Further the Hon'ble Court may be pleased to

3/4 hold that it was illegal on the part of Respondents No.4 to 7 to have not published the category wise-cut off marks result of 30th Bihar Judicial Service Mains (Written) Examination conducted in furtherance of Advertisement No.06/2018 as it has been done for the result of the preliminary examination drawn in furtherance of aforesaid advertisement.

(v) Further the Hon'ble Court may be pleased to direct the Respondents No.4 to 7 to keep a post which is sought to be filled through Advertisement No.06/2018, in SC women category vacant until the pendency of the present writ application.

(vi) For any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

Learned counsel for the Bihar Public Service Commission states that the process of selection is under way and under all circumstances shall be completed on or before 30th of November, 2019. With the declaration of the result, marks obtained by the candidates in written as also oral, whichever is applicable, shall be displayed on the Website. Statement taken on record.

In view of the aforesaid statement, we find the

4/4 present petition, at this stage, is premature. As such, this writ petition is disposed of as premature leaving it open to the petitioner to file a fresh petition, if the need so arises.

(Sanjay Karol, CJ) (Dinesh Kumar Singh, J) Sunil/- AFR/NAFR CAV DATE Uploading Date 26.11.2019 Transmission Date