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Patna High CourtCWJC/19172/2024disposed

Md. Umer Ali v. The State Of Bihar

2024-12-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19172 of 2024 ====================================================== Md. Umer Ali Son of / Care of Afsar Ali, Resident of Near- Purani Masjid, Lakhmimia, P.O.- Lakhminia, P.S.- Balia, Begusarai, Bihar- 851211. ... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Govt. of Bihar, Patna.

3.

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

4.

The Principal Secretary, Department of Water Resources, Govt. of Bihar, Patna.

5.

The Bihar Technical Service Commission, 19 Harding Road, Patna. 6.

The Chairman, Bihar Technical Service Commission, 19 Harding Road, Patna.

7.

The Secretary, Bihar Technical Service Commission, 19 Harding Road, Patna.

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

For the Petitioner/s :

Mr.Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Raghu Raj Pratap, Advocate Mr. Hritik Anand, Advocate Mr. Astitva, Advocate For the State :

Mr. S. D. Yadav, AAG 9 Mr. Braj Bhushan Mishra, AC to AAG 9 For the BTSC :

Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-12-2024 Heard learned counsels appearing on behalf of the petitioner; learned counsel for the State and learned counsel for the BTSC.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "I. Issuance of direction order or writs in the nature thereof or any other appropriate writs/orders/directions for directing the Respondents

Patna High Court CWJC No.19172 of 2024(2) dt.19-12-2024 2/3 to consider the representation of the petitioner dated 30.11.2024 since the petitioner was present at the centre S. Sankhya for document verification in due time as per slot notified vide 3529 dated 21.11.2024. II. Issuance of direction order or writ in the nature of writ of mandamus or writs in the nature thereof or any other appropraite writs/orders/directions for directing the respondents to appoint the petitioner to the post of Junior Engineer in the Water Resource Department after conducting document verification.

III. Issuance of direction order or writs in the nature thereof or any other appropriate writs/orders/directions specifically for conducting the document verification in line with directions of the Hon'ble Apex Court in Shashi Bhushan Prasad Singh Vs. the State of Bihar and others vide SLP (Civil) No.7257 of 2023 considering the petitioner has already qualified the examination and it is merely document verification which is pending with respect to him.

IV. To take appropriate actions against the respondents for committing misdeeds, misdemeanor, and illegality.

V. Any other reliefs that the petitioner may found to be entitled to in the facts and circumstances of the present case."

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has appeared at the document verification centre on 30.11.2024 as per his time slot and same was recorded on video camera, however, he was restrained and thereafter he filed representation on 4th December, 2024 and since then without immediately acting upon the grievance of the petitioner, the Chairman of the Bihar Technical Service Commission (B.T.S.C.) has unnecessarily deprived the petitioner of his opportunity to be employed.

4. That being in violation of Articles 14 and 16 of the

Patna High Court CWJC No.19172 of 2024(2) dt.19-12-2024 3/3 Constitution of India, the Chairman must take notice of all the evidences which were recorded and the time slot which was allotted to the petitioner be duly considered forthwith.

5. Mr. Nikesh Kumar, learned counsel appearing on behalf of B.T.S.C. undertakes that he will immediately inform the Chairman of the B.T.S.C. to do needful within few hours after the order is being communicated to him.

6. I find that the order has been dictated in open Court, the Chairman must not wait to redress the grievance of the petitioner.

7. The writ petition is accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U