The Patna High Court, in an oral order, dismissed a writ petition challenging an advertisement by rectifying the cited anomaly, returning the matter to the respondent institution.
Writ application dismissed as the anomaly in the impugned order has been rectified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18398 of 2014
=========================================================== 1. Rajesh Kumar S/o Sri Ram Lakhan Mahto Mohalla - mahadeo Math, Ward No. 1 P.O. - Rosera, District- Samastipur, At present posted as Lecturer, Govt. Polytechnic College, Darbhanga. 2. Afshan Zarrin D/o Ahsanul Hoda At Baithul Hoda Khan Chowk, Mohalla - Faizullah Khan, District - Darbhanga, At present posted as Lecturer, Govt. Polytechnic College, Darbhanga. 3. Sanjiv Kumar Sri Ram Anup Roy R/V Gangapur, P>S. - Musarigharari, District - Samastipur, At present posted as Lecturer, Govt. Polytechnic College, Darbhanga. 4. Sudhir Kumar S/o Sri Singheshwar Das R/V Narahia, P.O. - Narahia, District - Madhubani, At Present posted as Lecturer, Govt. Polytechnic College, Darbhanga. 5. Shivnath Prajapat, S/o Sri Sundar Prajapat, At – Monjrethi, P.O. – Umga, District – Aurangabad at present Lecturer, Government Polytechnic College, Darbhanga 6. Shiv Prakash Kumar, S/o Sri Jai Prakash Singh, R/v – Chandauli, P.O. – Chandauli, District – Sitamarhi, at present Lecturer, Government Polytechnic College, Patna-13 7. Shiv Ranjan Kumar, S/o Sri Surendra Prasad Singh, At + P.O.- Rashatpur, District – Begusarai, at present Lecturer, Government Polytechnic College, Muzaffarpur 8. Md. Noman Arshad, S/o Abdul Matten, R/V Beni Bari, P.S – Balia Baloon, District-Katihar, at present Lecturer, Government Polytechnic College, Katihar 9. Nitya Nand Sah, S/o Late Deo Dutta Sah, R/V – Parmanandpur, S. S. _ Shreenagar, District – Madhepura, at present Lecturer, Government Polytechnic College, Katihar 10. Lakshman Kumar, S/o Late Bhola Prasad Yadav, R/V – Garhia, P.O. -= Kumar Khand , District – Madhepura, at present Lecturer, Government Polytechnic College, Purnea 11. Rajeev Ranja, S/o Bindeshwari Prasad, AT – Pathak Toli, near Durga Palace, P.O. + District – Jehanabad, at present Lecturer, Government Polytechnic College, Gaya
.... .... Petitioner/s Versus
Patna High Court CWJC No.18398 of 2014 dt.28-01-2016
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of Bihar, Patna 4. The Bihar Public Service Commission through its Secretary, B.P.S.C., Bailey Road, Patna 5. The Joint Secretary cum Examination Controller, Bihar Public Service Commission, Bihar, Patna
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar For the Respondent/s : Mr. Arun Kumar Prasad Mr. Mithilesh Kumar Pathak For the B.P.S.C.: Mr. Sanjay Kumar
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-01-2016
Heard learned counsels for the parties.
The writ application is dismissed on the sole ground that whatever be the basis for passing the order by the Division Bench, contained in Annexure-5, the anomaly pointed out therein has now been rectified by the resolution so notified and brought on record as Annexure-A to the counter affidavit, which is dated 20th of January, 2015.
In view of the same, argument placed by the counsel for quashing of the advertisement is misplaced.
Writ application is dismissed.
(Ajay Kumar Tripathi, J)
SKM/-
U
1 issue framed by the court
Whether the writ application seeking quashing of the advertisement should be dismissed since the anomaly pointed out has been rectified.
Rajesh Kumar S/o Sri Ram Lakhan Mahto et al.
The State of Bihar
The Principal Secretary, Department of Science and Technology and others
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
