Writ petition seeking appointment as District Probation Officer based on a 2011 selection process in which the petitioner was empanelled at serial no. 4 but not appointed. The court held that vacancies from a decade-old selection process cannot now be filled and dismissed the petition as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16237 of 2013
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Chandra Bhusan Kumar Sharma @ Chandra Bhusan Kr. Sharma Resident Of Mohalla - Dhelwa Gosain, P.O. and P.S. - Barh, District - Barh
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Ravi Shanker Pankaj, Adv. For the Respondent/s : Mr.Ashok Kumar Keshri, AAG XI
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
The petitioner has prayed as under :
(i) For issuance of appropriate Writ/Writs, Order/Orders, direction/directions, command/commands and for the issuance of a Writ in the nature of Mandamus, directing the Respondent Nos. 4, 5 and 6 to appoint the petitioner on the post of District Probation Officer, from the candidates including petitioner, appeared and found the counselling on 15.01.2013 and the petitioner empanelled in the merit list at the Serial No. 4, in view of all the candidates, empanelled at Sl. N os. 1,
Patna High Court CWJC No.16237 of 2013(2) dt.09-01-2023
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2 and 3 in List, did not choose to join also in view of existing vacant seat of District Probation Officer in the District of Jamui till date.
(ii) For giving direction to the concerned respondents to appoint the petitioner on the post of District Probation Officer on the ground that the petitioner fulfills all the requisite qualification as per the Advertisement dated 19.10.11 and being along candidate for the said post is entitled for his selection/appointment.
(iii) For any other relief/reliefs, for which the petitioner is entitled, be given in the facts and circumstances of the case.
The selection process for the post of District
Probation Officer has been completed long back as the advertisement was issued in 2011. No orders can be passed now after lapse of ten years in relation to selection process conducted way back in 2011 and vacancies can not be filled after ten years.
The prayer made by the petitioner by efflux of time has become otiose and infructuous. The petition is, accordingly, dismissed.
(Sanjeev Prakash Sharma, J)
Shamshad/Item No. 39
U
1 issue framed by the court
Whether the petitioner could be directed to be appointed as District Probation Officer in Jamui on a vacancy arising from the 2011 selection, after ten years had elapsed.
Chandra Bhusan Kumar Sharma @ Chandra Bhusan Kr. Sharma
The State of Bihar
Commissioner-Cum-Secretary, Social Welfare Directorate, Government of Bihar, Patna
Director, Social Welfare Department, Social Welfare Directorate, Patna, Bihar
District Magistrate, Jamui District
Deputy Director, Social Security Cell-Cum District Child Protection Unit, Jamui Collectorate, Jamui
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
