Dismissed

Dr. Anand Kumar Chowdhri v. The State Of Bihar and Ors.

Patna HC24 Jan 2019CWJC/1879/2016

Case brief

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What is this about?

The High Court dismissed the petitioner's writ petition challenging his disqualification for an appointment and the alleged appointment of an unqualified respondent. The Court held the matter infructuous for the petitioner and dismissed the challenge regarding another respondent noting lack of exhaustion before authorities.

What did the court decide?

Petitioner at liberty to approach authorities pointing out selection of respondent number 7 is not in accordance with prescribed qualification.

Dr. Anand Kumar Chowdhri Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1879 of 2016

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Dr. Anand Kumar Chowdhri son of Late Chandra Narayan Choudhri, Resident of Village and P.O.- Panchobh via Laheriasarai, P.S.- Bishanpur, District- Darbhanga ... ... Petitioner

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Versus

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The State Of Bihar through The Principal Secretary, Education Department, Government of Bihar, Vikash Bhawan, Patna

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The Principal Secretary, Education Department, Government of Bihar, Vikash Bhawan, Patna

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The Additional Secretary, Education Department, Government of Bihar, Vikash Bhawan, Patna

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The Director, Higher Education, Education Department, Government of Bihar, Vikash Bhawan, Patna

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The Joint Secretary, Education, Education Department, Government of Bihar, Vikash Bhawan, Patna

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The Director, Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna

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Srikant, Director, Jagjiwan Ram Institute of Parliamentary Studies and Political Research, A/24, LIG Phase 1, Ashiana Nagar, Patna 25

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.. ... Respondents

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Appearance :

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For the Petitioner : Mr. Surendra Mishra, Advocate For the Respondents : Mr. Raj Ballabh Pd. Yadav, AAG XI

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 24-01-2019

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Heard learned counsel for the petitioner as well as learned counsel for the State.

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Learned counsel for the petitioner admits that the petitioner is not eligible for appointment in terms of Press Communique/Advertisement dated 5.2.2014. He however submits that appointment by Annexure 4 dated 19.5.2014 of respondent no.7 has been made even though he did not possess the requisite qualification though there were a large number of eligible candidates other than the petitioner available for selection.

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Patna High Court CWJC No.1879 of 2016(2) dt.24-01-2019 2/3

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The writ petitioner has no interest in the process of selection as he was himself disqualified in terms of the Press Communique/Advertisement dated 5.2.2014 issued for appointment to the post of Director in the Jagjiwan Ram Institute of Parliamentary Studies and Political Research, Ashiana Nagar, Patna. Since he has not qualified for the selection impugned, and the selection in question has already been done, relief to that extent has become infructuous.

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In so far as petitioner’s challenge to appointment of respondent no.7 is concerned, this Court would observe that the petitioner has not raised the issue before any State authority regarding respondent no.7 being not qualified in terms of Press Communique/Advertisement dated 5.2.2014. Since there is no demand before the authorities in respect of eligibility of respondent no.7, there is no occasion to this Court to presume that the authorities will not take appropriate steps if the petitioner’s allegation is found true.

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In view of the aforesaid circumstance, the writ petition is dismissed.

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Writ petitioner would be at liberty to approach the authorities pointing out that selection of respondent no.7 is not in accordance with the qualification prescribed in the Press

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Patna High Court CWJC No.1879 of 2016(2) dt.24-01-2019 3/3

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Communique/Advertisement dated 5.2.2014

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(Madhuresh Prasad, J)

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Shashi

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Dr. Anand Kumar Chowdhri v. The State Of Bihar and Ors.

Case brief

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Dr. Anand Kumar Chowdhri v. The State Of Bihar and Ors.

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