The Patna High Court dismissed Letters Patent Appeals filed by the Bihar Staff Selection Commission. The bench held the appeals were devoid of merit as the appellants did not maintain a neutral stand and no private candidate challenged the Single Judge's order.
The Letters Patent Appeals are dismissed as devoid of merit.
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 Letters Patent Appeal No.68 of 2020 In
Civil Writ Jurisdiction Case No.21892 of 2018
======================================================
... ... Appellant/s
Versus
Patna High Court L.P.A No.68 of 2020(2) dt.07-10-2020 2/5
P.O.- Yamunapur, P.S.- Atri, District- Gaya.
Patna High Court L.P.A No.68 of 2020(2) dt.07-10-2020 3/5
Pokhariya, P.O. Jirwabari, P.S. Sahibganj, District- Sahibganj.
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Satyabir Bharti, Advocate For the Respondent/s : Mr.Anjani Kumar (AAG-4) Mr.Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR
Patna High Court L.P.A No.68 of 2020(2) dt.07-10-2020 4/5
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 07-10-2020 The present appeal is directed against the judgment and order dated 1.8.2019 passed in CWJC No. 21892 of 2018 titled as Md. Zishan Danish & others vs. The State of Bihar & others by a learned Single Judge of this Court allowing the writ petition.
Heard learned counsel for the appellants and learned counsel for the State.
We are not inclined to interfere with in the present appeal, for we find the present appellants not to have adopted a neutral stand. Secondly no private candidate has come forward to challenge the impugned judgment dated 1.8.2019.
The only issue which arose for consideration before the learned Single Judge was as to whether eligibility of a candidate was to be considered as the date on which applications were invited or the extended date inviting such applications. As per the initial advertisement, last date for receipt of the applications was 7.7.2011, which period was extended to 11.6.2012 by a corrigendum. Significantly, the corrigendum did not specify the date of eligibility to be 7.7.2011.
In this view of the matter, learned Single Judge has rightly held that the last date for receipt of the applications
Patna High Court L.P.A No.68 of 2020(2) dt.07-10-2020 5/5
indicated vide the corrigendum would be the date for determining the eligibility of the candidates.
Also what is going to be the cut off date for acquiring the eligibility was not mentioned in the original advertisement.
Shri Satyabir Bharti, learned counsel for the appellants, states that the appeal stands filed only for determining the inter se candidates selected through selection process in terms of the said advertisement.
Well, this cannot be a reason for selection body, a mental person, to prefer an appeal, more so when none of the private candidates has approached this Court for venting out his grievance.
The appeal being devoid of merit stands dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
pallavi/-
U
2 issues framed by the court
Whether the High Court should interfere in an appeal where the appellant did not adopt a neutral stand.
Whether an appeal is tenable where no private candidate challenged the impugned judgment.
Bihar Staff Selection Commission
Md. Zishan Danish
HONOURABLE THE CHIEF JUSTICE
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
