The court observed that the petitioners failed to establish a case for discrimination, as the question of selection based on due seniority only arises if selection is still ongoing from a cited panel date.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 862 of 2018
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr Amarendra Kumar, Advocate For the Respondent/s : Mr Md Nadeem Seraj, GP V Mr Dhurendra Kumar, AC to GP V
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
4 10-10-2022 Heard learned counsel for the petitioners and the respondents.
In view of the statements made in the counter affidavit regarding selection of three persons, namely, Sanjay Kumar Nirala, Lalan Kumar Thakur and Smt Barti Devi, being as per roster point, learned counsel for the petitioners fairly submits that no case for discrimination is made out since the petitioners are of a different class/category. However, he submits that the authorities should proceed to consider the
Patna High Court CWJC No.862 of 2018(4) dt.10-10-2022 2/2
petitioners’ candidature as per due seniority in the panel.
Having noted such submission, this Court would observe that the question of petitioners’ consideration as per due seniority in the panel would arise only if selection is still being done from the panel dated 27.01.2012. Petitioner has not asserted that selection is still being done from the panel.
This Court would, therefore, find that no case is made
out.
Writ petition is disposed of.
(Madhuresh Prasad, J)
M.E.H. /-
U
2 issues framed by the court
Whether the court can be urged for selection to be made per seniority on the petitioners.
Whether the petition has established a case of discrimination.
Ashok Paswan
Binod Kumar
State Of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
