Writ petition challenging appointment of private candidates who scored less than petitioners. Bench upheld selection based on minimum cut-off marks for respective categories and post eligibility. Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17612 of 2014
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... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Avinash, Adv. For the State : Mr. Shailesh Kumar, AC to GP-5 For the BSSC : Mr. Sanjay Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
Date : 05-12-2022
The present writ petition has been filed for directing the Respondent authorities to call the petitioners for counselling in connection with Advertisement no. 110 / 2010, issued by the Bihar
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Staff Selection Commission and then appoint them, inasmuch as they have got more marks than the private Respondents No. 6 and 7, who have been appointed by the Respondent authorities.
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appearing in the preliminary exam, which was held on 18.12.2011, whereupon they were declared successful and then, they had appeared in the mains exam held on 27.1.2013. The petitioner no. 1 had got 411 marks in G.K. and 321 marks in Hindi in the main examination and had obtained 2112 rank in the general category whereas the respondent no. 6 had got 410 marks and had obtained 2231 rank in the general category, but even then, the Respondent No. 6 has been finally selected instead of the petitioner no. 1. Thus it is submitted that the Petitioner No. 1 deserves to be selected.
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minimum cut off marks of his category, hence, he could also not be finally selected. As regards the claim of the Petitioner No. 1 to the effect that though he has obtained 411 marks and has not been selected, but the Respondent No. 6, who has obtained only 410 marks has been selected, it is submitted that the Respondent No. 6 was eligible for the post in which eligibility condition required the candidate to have one of the subject as mathematics, however, the petitioner no. 1 was not eligible for being selected to the post requiring mathematics as one of the subject since he did not have mathematics as a subject in his curriculum. As regards the Respondent No. 7, it is submitted that he has not been selected since both the Petitioner No. 2 as also the Respondent No. 7 obtained less marks than the minimum cut off marks of their category. It is thus submitted that apparently, the petitioners do not have any case and the present writ petition is fit to be dismissed.
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The submissions made by the learned counsel for the Respondent-Commission, as recorded hereinabove in the preceding paragraph, would show that the petitioners could not be selected since they obtained less marks than the minimum cut off marks required to be obtained qua their respective categories, hence, I do not not find any merit in the present writ petition, thus, the same stands dismissed.
| (Mohit Kumar Shah, J) | |
|---|---|
| Ajay/- | |
| AFR/NAFR | AFR |
| CAV DATE | NA |
| Uploading Date | 3.1.2023 |
| Transmission Date | NA |
1 issue framed by the court
Whether the petitioners qualify for appointment having obtained more marks than private candidates but failing to meet the minimum cut-off marks for their respective categories.
Manoranjan Pathak
Raju Kumar
State Of Bihar
Principal Secretary, General Administration Govt. of Bihar
Chairman, Staff Selection Commission, Bihar
Amar Kumar Jha
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
