This order dismisses a writ petition challenging the validity of the Bihar Vidhan Sabha Secretariat (Recruitment and Service Condition) Rule, 2018 solely on the ground that it lacks a promotional avenue for the petitioners.
The writ petition was dismissed.
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.11661 of 2019
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bishnu Kant Dubey, Adv. For the Respondent/s : Mr. Anshuman Singh, AC to AG. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
2 31-07-2019 Heard the parties.
Patna High Court CWJC No.11661 of 2019(2) dt.31-07-2019 2/2
This is a misconceived writ petition for merely because the rule does not provide for a promotional avenue that the entire validity of the Bihar Vidhan Sabha, Secretariat (Recruitment and Service Condition) Rule, 2018 has been questioned. According to the petitioner there is no adequate opportunity to the petitioner for promotion in the rules.
We fail to appreciate as to how an absence of avenue of promotion to the petitioner, would render the rule invalid in its entirely where neither the rule is shown to be in conflict with the constitutional guarantee nor the parent Act, if any.
The writ petition is dismissed.
(Jyoti Saran, J)
( Partha Sarthy, J)
Anjula/-
U
1 issue framed by the court
Whether the absence of a promotional avenue in the Bihar Vidhan Sabha Secretariat Recruitment and Service Condition Rule, 2018 renders the entire rule invalid.
Sriraman Singh and others
The State of Bihar and others
Jyoti Saran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
