This writ petition challenging clerical discrepancies in 24th Batch Munsifs result was dismissed as speculative and devoid of legitimate legal right.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19660 of 2012
====================================================== 1. Manoj Kumar S/O Late Rajeshwar Prasad Verma R/O New Chief Electric, L.N. Road, Mohalla- Choti Saraiya Ganj, Police Station- Kotwali, District- Muzaffarpur .... .... Petitioner/s Versus 1. The Bihar Public Service Commission through Its Secretary, Patna 2. The Under Secretary, Bihar Public Service Commission, Patna 3. The Deputy Secretary, Bihar Public Service Commission, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Respondent/s : Mr. Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 2 10-01-2014 Petitioner is basically juggling around with facts and figures on certain clerical mistakes, which was committed by the Commission in issuance of Annexure- 1. Matter relates to holding of examination and the declaration of result of the 24th Batch of Munsifs for which examination was held way back in the year 1991. Petitioner now is looking for an opening for such appointment with regard to said selection on the discrepancy being pointed out by him in Annexures 1 and 2.
By no stretch of imagination the said discrepancy can beget the petitioner any advantage by way of any direction for appointment by virtue of the fact that petitioner was a general category candidate, who secured 338 marks in written examination. Last of the person appointed in the said category
Patna High Court CWJC No.19660 of 2012 (2) dt.10-01-2014
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had 473 marks. So far as the discrepancy pointed out by the petitioner is concerned, paragraph 8 of the counter affidavit filed by the BPSC is the compete answer.
It is a speculative kind of writ application filed by the petitioner looking for some kind of windfall rather than assertion of legal and legitimate right for consideration and appointment, that too at a point of time when most of such appointees are inching towards the age of superannuation instead of appointment.
Writ is dismissed.
(Ajay Kumar Tripathi, J)
sk
1 issue framed by the court
Whether a speculative claim regarding clerical discrepancies in appointment marks entitles the petitioner to an appointment despite significant mark shortfall.
Manoj Kumar S/O Late Rajeshwar Prasad Verma
The Bihar Public Service Commission through Its Secretary, Patna
The Under Secretary, Bihar Public Service Commission, Patna
The Deputy Secretary, Bihar Public Service Commission, Patna
AJAY KUMAR TRIPATHI
As recorded by the court registry
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