Petitioner challenged exclusion of his experience as Kishan Salahkar in Agriculture Coordinator selection. Court held claim barred by delay and laches as petitioner failed to object earlier and selection concluded. Writ dismissed.
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N THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.262 of 2018
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Santosh Kumar Pandey S/o Sri Vishwanath Pandey, R/o Village- Bankat Mushahari, P.O.- Ratanmala Mathiya, P.S- Majhwalia, District- West Champaran.
... ... Petitioner
... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Vishwajeet Kumar Mishra with Advocate For the State : Mr. Jay Prakash Sharma AC to GP-21 For the SSC : Mr. S.S. Sundaram, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT
Date : 28-07-2022
Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court CWJC No.262 of 2018 dt.28-07-2022 2/3
issuance of the Advertisement. It is the petitioner’s grievance that he has worked as Kishan Salahkar and certificates in respect of his work has been issued by the District Agriculture Officer West Champaran (Annexure-4). The petitioner’s experience has been ignored for the purposes of weightage (points) in the process of selection. He submits that Clause 7 of the Advertisement does not specify that the experience is with reference to any specific work or post. Since the Advertisement does not provide any exclusion, his work as Kishan Salahkar duly certified by the District Authorities, could not have been ignored.
Patna High Court CWJC No.262 of 2018 dt.28-07-2022 3/3
(Madhuresh Prasad, J)
shyambihari/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 11/08/2022 |
| Transmission Date |
2 issues framed by the court
Whether a Writ Jurisdiction petition can succeed where the petitioner delayed filing it three years after the advertisement and failed to object to experience criteria at the earlier belated stage.
If the petitioner's claim suffers from delay and laches given that the selection process was concluded and no objection was raised earlier in related proceedings.
Colour shows how this judgement treated each authority
CWJC No. 13658 of 2016Referred¶18
Santosh Kumar Pandey
The State of Bihar through the Principal Secretary Agriculture Department
The Bihar Staff Selection Commission, Patna
The Chairman, Bihar Staff Selection Commission
The Secretary, Bihar Staff Selection Commission
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
