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Patna High CourtL.P.A/882/2018dismissed

Dr. Ram Niranjan v. The State Of Bihar And ORS

2022-07-04Mr. Justice Shailendra Singh,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.882 of 2018 In Civil Writ Jurisdiction Case No.10162 of 2017 ====================================================== Dr. Ram Niranjan, Son of Sri Sakaldip Singh, Resident of Mohanpur, Punaichak, P.O.P.S.-Shashtri Nagar, District-Patna. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Education department, Government of Bihar, New Secretariat, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

3.

THe Additional Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

4.

The Bihar Public Service Commission, Patna 15, Jawaharlal Nehru Marg, Baily Road, Patna-800001, through its Chairman. 5.

The Chairman, Bihar Public Service Commission, Patna 15,Jawahar Lal Nehru Marg, Bailey Road, Patna-800001.

6.

The Special Secretary-Cum-Examination Controller, Bihar Public Service Commission, Patna 15, Jawaharlal Nehru Mrag, Baily Road, Patna- 800001 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Abhinav Srivastava, Advocate For the BPSC :

Mr. D K Sinha, Sr. Advocate Mr. Anil Kumar Singh No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 04-07-2022 The present appeal had been filed against the order dated 03.05.2018 passed in CWJC No. 10162 of 2017. The same reads as under:

"In view of the fact that this Court has dismissed similar writ petition following the decision of the other co-ordinate Bench of this Court in C.W.J.C. No. 1134 of 2017, the Court does not find any reason to make departure

Patna High Court L.P.A No.882 of 2018(5) dt.04-07-2022 2/2 from the same.

This writ petition is also dismissed."

Learned counsel for the appellant submits that he has brought on record, by way of additional affidavit, order passed in CWJC No. 1134 of 2017 as well as in CWJC No. 14164 of 2017. A perusal of the order passed in CWJC No. 14164 of 2017 clearly shows that the Court had mentioned that there is no ground for issuing any positive direction for considering the appellant's case in exercise of jurisdiction under Article 226 of the Constitution.

We thus find no merit in this Letters Patent Appeal. The same is hereby dismissed.

(Rajan Gupta, J) ( Shailendra Singh, J) P. Kumar U