Shailesh Kumar Pandey, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1636 of 2019 In Civil Writ Jurisdiction Case No.23349 of 2019 ====================================================== 1.

Shailesh Kumar Pandey, Son of Late Ram Singasan Pandey, Resident of Village-Srinagar, Police Station-Ishipur Barahat, District-Bhagalpur, at present Resident of Flat No. 502, Plutos Oasis Dhanaut Road Mahuabagh, Police Station-Rupaspur, District-Patna.

2.

Amrendra Kumar, Son of Sahdeo Prasad Yadav, Resident of Village-Naya Chhawani, Police Station-Bariarpur, District-Munger. ... ... Appellant/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Secretary, Home Department, Government of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Bihar Staff Selection Commission through its Secretary, Bailey Road, P.O.-Veterinary College Campus, Sheikhpura, Patna-14. 5.

The Chairman, Bihar Staff Selection Commission through its Secretary, Bailey Road, P.O.-Veterinary College Campus, Sheikhpura, Patna-14. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma (AAG3) For the Commission :

Mr. Satyam Shivam Sundaram, Advocate Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 31-01-2020 Heard learned counsel for the appellants, learned counsel for the State and learned counsel for the Commission. Counsel for the appellants submits that those 133 persons, who have been recruited, have been appointed after the order of Hon'ble Supreme Court as they have approached the

Patna High Court L.P.A No.1636 of 2019 dt.31-01-2020 2/2 Hon'ble Supreme Court, but, in fact, they have secured lesser marks then these appellants.

It has been brought to our notice that the identical matter was taken into consideration by a coordinate Bench of this Court in L.P.A. No.755 of 2019, vide order dated 17.07.2019, the Court has refused to entertain any such claim with regard to the selection pursuant to the advertisement of 2004.

In the present cases, the issue is the same. The learned Single Judge has refused to reopen the matter on the ground that the issue now stands closed with the selection process having been completed long time back pursuant to advertisement of the year 2004.

We do not find any difference with the fact of LPA No.755 of 2019 and the present case.

In such view of the matter, we do not find any merit in this appeal and, accordingly, the same is dismissed. (Shivaji Pandey, J) ( Anjani Kumar Sharan, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

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Uploading Date 03.02.2020 Transmission Date N.A.