Dismissed¶29

Ramakant Prajapati v. The State of Bihar

Patna HC24 Mar 2025CWJC/4412/2025

Case brief

AI extract

What is this about?

Bihar Technical Service Commission recruitment eligibility; defective experience certificate; Store In-charge in Electrical Trade; Electrician Practical Instructor; cutoff date 03.08.2023; extended upload window 16.07.2024-18.07.2024; Annexure-P/5 letter No.1540 dated 15.07.2024; clarification letter dated 07.12.2024 (Annexure-P/9); ITI instructor experience; writ petition dismissed; Patna High Court; CWJC No.4412 of 2025; Dr. Anshuman; decided 24-03-2025; petitioner Ramakant Prajapati; Ghazipur (U.P.) institutes.

What did the court decide?

The clarification issued by the Institute (Annexure-P/9) on 07.12.2024 came about five months after the extended period for uploading evidence (only 16.07.2024 to 18.07.2024 per Annexure-P/5), and therefore could not cure the defect in the experience certificate. ¶29

Ramakant Prajapati Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4412 of 2025

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Ramakant Prajapati Son of Jaymangal Prajapati, Resident of village/MohallaJallapur, P.O.-Shahwajkuli, Mohammadabad, P.S.- Nonhara, DistrictGhazipur (U.P.), Pin Code- 233227.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Labour Resources Department, Govt. of Bihar, Patna.

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The Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna.

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The Directorate, Employment and Training (Training Wing), Bihar, Patna.

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The Bihar Technical Service Commission, 19, Hardinge Road, Patna, through its Secretary/Incharge Secretary, Bihar, Patna.

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The Incharge Secretary/Secretary, Bihar Technical Service Commission, Patna.

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The Joint Director, Employment and Training (Training Wing) Labour Resources Dept., Govt. of Bihar, Patna.

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The Assistant Director, Employment and Training, Bihar Patna.

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The Assistant Director General of Training (DGT), Ministry of Skills Development and Entrepreneurships (MSDE) Govt. of India, New Delhi.

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The Sri Vijay Pvt. Industrial Training Institute, Bikapur, Ghazipur- 233001 (U.P.) through its Manager/Head.

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The Late Shiv Kumar Rai Pvt. Industrial Training Centre, Baberi Ghazipur (U.P.) though its Principal.

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The Indira Gandhi Memorial ITI, Delhi Road Hapur- 245101 (U.P.) through its Principal/Head.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shyam Sundar Kumar, Advocate For the Respondent/s : Mr. Anuj Kumar, AC to SC-12 For the BTSC : Mr. Nikesh Kumar, Advocate Mr. Akshansh Shanker, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 24-03-2025 Heard Learned Counsel for the petitioner, Learned

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Counsel for the State and Learned Counsel for Bihar Technical Service Commission.

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Patna High Court CWJC No.4412 of 2025(2) dt.24-03-2025 2/3

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Learned Counsel for the petitioner submits that due to inadvertence, the certificate has been mentioned only indicates taught in Store In-charge in Electrical Trade, which has been subsequently clarified within the prescribed time that the petitioner taught Electrician Practical Instructor and Store In-charge. But, subsequently, a further declaration has been made about correction in the said letter, which has been submitted before the Bihar Technical Service Commission.

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Counsel for the Bihar Technical Service Commission submits that the said declaration has been made after the cutoff date, i.e, 03.08.2023, whereas the petitioner has filed the said declaration on 07.12.2024.

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Learned Counsel for the petitioner, in response thereof, submits that vide Annexure-P/5 letter No.1540 dated 15.07.2024, liberty has been granted to the petitioner to provide supporting document between 16.07.2024 to 18.07.2024 that is to say that time has been extended.

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Counsel for the petitioner put reliance on Annexure-5 that Bihar Technical Service Commission has extended the time period for uploading the evidence and the said document has been uploaded well within time.

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After hearing the parties and going through the

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Patna High Court CWJC No.4412 of 2025(2) dt.24-03-2025 3/3

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documents on record, it transpires that Annexures-P/8 and P/9 is the experience certificate. Annexure-8 is said to be treated as defective by the Bihar Technical Service Commission on the ground that the practical experience of Store In-charge in Electrical Trade has been given. In this regard, petitioner has put reliance on Annexure-P/9 and submits that he has taught Electrician Practical Instructor and Store In-charge and the said letter has been granted on 07.12.2024 whereas Annexure-P/5 is the period granted by the Commission for extention of evidence on the website has been only 16.07.2024 to 18.07.2024, meaning thereby that the said clarification by the Institute, which has been made by Annexure-9 has been granted on 07.12.2024 after about five months of extended period. Hence, this Court finds no merit in this petition. Accordingly, this application is dismissed.

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(Dr. Anshuman, J)

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Mkr./-

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Ramakant Prajapati v. The State of Bihar

Case brief

What is this about?

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Ramakant Prajapati v. The State of Bihar

Case brief

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