Dismissed¶28

Nitish Kumar and Ors. v. The State of Bihar and Ors.

Patna HC17 Oct 2024CWJC/1959/2019

Case brief

AI extract

What is this about?

CWJC 1959/2019, Patna High Court, decided 17-10-2024, Harish Kumar J. Keywords: BSPHCL recruitment; Computer Based Test; Employment Notice No. 8 of 2018; Assistant Operator; Switch Board Operator-II; Junior Line Man; Technician Grade-IV; result publication grievance; selection process concluded; 1734 candidates joined; examination boycotted at two centres; cancellation and rescheduling to 27.11.2018-28.11.2018; writ petition infructuous; dismissal for non-prosecution; non-appearance of petitioners on 09.07.2024 and 17-10-2024.

What did the court decide?

Considering that there was none to represent the petitioners (who had also remained unrepresented on 09.07.2024), the writ petition stands dismissed for non-prosecution. ¶28

Nitish Kumar and Ors. Vs The State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1959 of 2019

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Nitish Kumar, S/o Indra Narayan Yadav, resident of Village- Madhiya, P.S. Basopatti, District-Madhubani.

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Pawan Kumar, S/o Late Ajay Kumar, resident of Village- Satpura, P.O. Bara, District- Arwal.

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Navneet Kumar, S/o Narendra Singh, resident of Village- Koilwar, Ward No. 4, District- Bhojpur.

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Mukesh Kumar Suman, S/o Sri Jalendhar Saw, resident of VillageBherhariya English, P.O. Siyarampur, P.S. Paliganj, District Patna.

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Amit Kumar, S/o Maneswar Prasad Singh, resident of Village- Vikash Colony, Road No. 3, C/o Fulam Niwas, Sitalamarg Road, Mahendru, Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Department of Energy, Govt. of Bihar, Patna.

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The Bihar State Power Holding Corporation Ltd., through its Chairman cum Managing Director, 1st Floor, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna.

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The Chairman cum Managing Director, Bihar State Holding Company Ltd., 1st Floor, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna.

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The General Manager (HR/ Adm.) Bihar State Power (Holding) Company Ltd., 1st Floor, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : None. For the Respondent/s : Mr. Abbas Haider, SC-6 For the BSPHC : Ms. Soni Srivastava, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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4 17-10-2024 None appears on behalf of the petitioners.

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Earlier also, when the matter was taken up on

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09.07.2024, there was none to represent the petitioners.

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Ms. Soni Srivastava, learned Advocate for the

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Bihar State Power Holding Corporation Ltd. submits that the

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Patna High Court CWJC No.1959 of 2019(4) dt.17-10-2024 2/3

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petitioners are primarily aggrieved with the result published on the website of BSPHCL with respect to the written examination i.e. Computer Based Test conducted for the post of Assistant Operator, Switch Board Operator-II, Junior Line Man and Technician Grade-IV pursuant to the Employment Notice No. 8 of 2018. Despite the fact that the entire process of selection has already come to an end and altogether 1734 candidates have submitted their joining, none of the successful candidate, even on representative capacity has been made party to the writ petition. Referring to the averments made in the counter affidavit, it is next contended that the written examination was conducted on 03.11.2018 on the different Centres in the District of Patna. Some of the candidates on two examination Centres as noted in the counter affidavit, have boycotted the Computer Based Test. Subsequent thereto, the examination of such Centres were cancelled and it was rescheduled and held on 27.11.2018 and 28.11.2018 at different Centres.

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Adverting to the aforesaid facts, it is contended that the infirmities, which have been found in the examination, that has also been rectified later on; and now the writ petition has become infructuous.

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