Disposed

Pramod Kumar Singh and Anr. v. The State Of Bihar and Ors.

Patna HC7 Dec 2020CWJC/19629/2018

Case brief

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What is this about?

Petitioners sought a public interest litigation directing 50% reservation in public employment for Bihar graduates and restraining employment based solely on mark sheets. The Court adjourned for filing a representation, directed authorities to dispose it within eight weeks while adhering to natural justice, reserved liberty for alternative remedies, and disposed of the petition without expressing

What did the court decide?

Direction to consider and dispose of a representation filed by petitioners within eight weeks following principles of natural justice; liberty reserved for alternative remedies.

Pramod Kumar Singh and Anr. Vs The State Of… — Public Procurement and Tenders | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19629 of 2018

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Pramod Kumar Singh, son of Late Prabhu Singh, Resident of VillageHasanpura, P.O. P.S. Beur, Patna, Advocate, Main Hall Advocate Association Hon'ble Patna High Court, Patna.

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Ajay Kumar Pandey, son of Sri Sitaram Pandey, Resident of MohallaSitasaran Lane, Mithapur, P.S.- Jakkanpur, District- Patna.

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... ... Petitioners

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Versus

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The State Of Bihar through its Chief Secretary, Bihar, Patna

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The Principal Secretary, General Administration Department, Bihar, Patna.

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The Chairman, Bihar Technical Service Commission, General Administration Department, Bihar, Patna.

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The Principal Secretary, Department of Science and Technology, Bihar, Patna.

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The Director, the Department of Science and Technology, Bihar, Patna.

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The Private Secretary of Finance Minister Cum Deputy C.M. Hon'ble Sri Sushil Kumar Modi Bihar, Patna

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Pramod Kumar Singh (In Person) For the Respondent/s : Mr.Lalit Kishore, AG

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 07-12-2020

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Petitioners have prayed for the following relief(s):-

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“ That this Public Interest Litigation petition is presented with prayer for issuance of the appropriate writ(s), direction(s), restraining the StateRespondents to give 50% reservation in public employment to those candidates, who have passed and taken the degrees of Medical and Engineering Courses from the colleges of State of Bihar, and prayer is also made to restrain the respondents who are going to make such employment on the basis of only marksheet without any examination because such illegal acts of the respondents are too much fatal in the interest of our Country because such illegal

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Patna High Court CWJC No.19629 of 2018 dt.07-12-2020 2/3

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acts are destroying the federal character of constitution of India and also destroying the meaning of Citizenship of India and it is breaking down the Unity of India and it is giving separate entity to Bihar, in manner of Jammu and Kashmir and manner of position of Goa, Daman etc. before independency of India and also it is destroying the desh bhakti sentiments towards Indian and violating the son many provisions of Constitution of India, only for the purpose of appeasement to the voters in Parliamentary Election 2019.”

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After the matter was heard for some time, learned counsel for the petitioners submits that petitioners will be content if a direction is issued to the concerned respondent(s) to consider and decide the representation which the petitioners will be filing for redressal of the grievance(s).

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Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of eight weeks from the date of its filing along with a copy of this order.

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Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

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We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

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Patna High Court CWJC No.19629 of 2018 dt.07-12-2020 3/3

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accordance with law and with reasonable dispatch.

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Needless to add, while considering such

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representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

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Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

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We have not expressed any opinion on merits. All issues are left open.

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The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

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The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Ashwini/-PKP

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AFR/NAFR
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Uploading Date	10.12.2020
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Pramod Kumar Singh and Anr. v. The State Of Bihar and Ors.

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Pramod Kumar Singh and Anr. v. The State Of Bihar and Ors.

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