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IN THE HIGH COURT OF JUDICATURE, AT PATNA
(Civil Writ Jurisdiction)
C.W.J.C. No ___________________ / 2024
In the matter of an
Application under Article
226 of The Constitution
of India
And
In the matter of
1. Abhishek Kumar, aged about 28 years (Male), son of
Arvind Prasad Gupta, Resident at and P.O. and P.S. -
Birpur, Near Gol Chowk, District- Supaul, Bihar -
854340.
2. Abhay Kumar Patel, aged about 29 years (Male),
Son of Siyaram Singh, Resident of Village+ PO-
Amaon, P.S.- Chainpur, District- Kaimur, Bihar-
821106.
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3. Gulshan Kumar, aged about 28 years (Male), son of
Praveen Kumar Singh, Resident of village - Kiranpur,
P.O.- Parariya, P.S. - Shambhuganj, District-Banka,
Bihar - 813211.
4. Mohit Kumar, aged about 29 years (Male), son of
Gaori Shankar Singh, Resident of village and P.O. and
P.S. - Barhiya, District- Lakhisarai, Bihar - 811302.
5. Saurabh Anand, aged about 29 years (Male), Son of
Satyanarayan Singh, Resident of Vill and P.O. - Kerai,
Via - Kalyanpur, P.S - Vibhutipur, Dist - Samastipur,
-------------------- Petitioner
Versus
1. The Chairman, Bihar Public Service Commission,
Patna, Bihar
2. The Secretary, Bihar Public Service Commission,
Patna, Bihar
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3. The State of Bihar through the Secretary, Water
Resource Department, Government of Bihar,
Patna
4. The Secretary, Water Resource Department,
Government of Bihar, Patna
--------------------------------- Respondents
To,
The Hon’ble Mr. Justice K. Vinod Chandran, The
Chief Justice of The Hon’ble High Court of
Judicature at, Patna and his companion justice of
the said Hon’ble Court.
The humble writ
application on behalf of the
above-named Petitioners.
MOST RESPECTFULLY SHEWETH :
1. That the petitioners have filed this writ petition
inter alia praying for following reliefs:-
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i. For issuance of an appropriate writ/s,
order/s, direction/s in the nature of
mandamus for publishing the 2nd
Provisional List (Result) against the Advt.
No. 01/2019 for post of Assistant Engineer
(Civil) Water Resource Department,
Government of Bihar, as the 27 vacancies
are left vacant / unfulfilled till date;
ii. For any other relief / reliefs, order/orders,
direction/directions that this Hon’ble court ,
may deem fit and proper on the facts and in
the circumstances of this case.
2. That the petitioners are all citizens of India and
are residing will within the territorial jurisdiction
of this Hon’ble Court and have got right to invoke
the writ jurisdiction of this Hon’ble court.
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3. That the moot question of law beside other that
arise for kind consideration of this Hon’ble Court
are under:
i. Whether on the facts and
circumstances of the case, the inaction
of the respondents in publishing the
2nd Provisional List (Result) is just
fair and legal in light of the fact that
there are 27 vacancies remaining
against sanctioned posts ?
ii. Whether on the facts and in the
circumstances of the case the
respondents are bound to fulfil the
vacant seats as per the advertisement
No. 01/2019 ?
iii. Whether the vacancy for the Bihar
Engineering Service Class – II as per
advertisement no. 01/2019 after
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increasing the number of sanctioned
posts which was initially brought out
only for 214 candidate but was
subsequently enhanced is mandatorily
required to be filed up as till date the
Respondents have Selected only 183
candidates and presently 27 vacancies
are left and, as such the inaction of the
respondent is not fulfilling the
vacancies is unlawful ?
iv. Whether the Respondents are free to
act against the Advertisement / circular
/ Law / rules framed by the State?
(viii). Whether the action of the respondents
reflects the colourable exercise of
power of the respondents in not
publishing the 2nd provisional List
(Result) for the leftover vacancies as
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such rendering the action of the
respondent illegal ?
(ix). Whether the action of the respondents
otherwise also of is bad in law as well
as on the facts and circumstances of
the case ?
4. That the short facts of the case are that the Road
Construction Department, Government of Bihar
notified the Bihar Engineering Service Class – II
Requirement Rule – 2019 vide Notification No.
3040(s) on 06.03.2019.
5. That an Advertisement was published through the
official website of the Bihar Public Service
Commission on 08.03.2019 vide Advertisement No.
01/2019 in which 83 seat was for the Water
Resource Department and 31 Seat was for Building
Construction Department. That on 10.03.22 vide a
correction letter, the respondents BPSC was
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increased the seats from 83 to 214 against the Water
Resource Department. In view of the correction
letter dated 10.03.22, the total no of vacancies
available for fulfilling was 245 as per in
Advertisement no. 1/19
A copy of Advt. No. 01/2019
is hereby annexed and marked
as Annexure – 1 to this
application.
6. That thereafter a corrigendum was issued by the
Bihar Public Service Commission by which 131
vacancies were added in Advertisement. No.
01/2019 having reference of GAD Letter No. 3532
dated 08.03.2022, hence total no. of vacancies
increased to 214 in Water Resources Department
and thereafter, the examination was conducted by
the Respondent Bihar Public Service Commission
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on 12.03.2022 and 13.03.2022 against the
Advertisement 01/2019.
7. That thereafter on 15.06.2022 the Respondent Bihar
Public Service Commission has published (Result)
1st Provisional list of 240 candidate and selected
candidate were called for document verification on
30.06.2022, 01.07.2022 and 02.07.2022 and the
petitioners are qualified and their name appeared in
the provisional List (Result) for the 240 candidates.
A copy of result published by
the respondent of 240
candidates called for
documents verification is
hereby annexed and marked as
Annexure – 2 to this
application.
8. That thereafter on 13.07.2022 additional 09
candidate were called for document verification by
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the respondent Bihar Public Service Commission,
because during document verification 07 candidates
were absent and 02 candidates were disqualified due
to error in documents.
A photo copy of the list of
additional 09 candidate list for
documents verification is
hereby annexed as annexure –
3 to this appellation.
9. That thereafter again on 23.07.2022 additional 06
candidates were called for document verification in
same scenario and selected candidates were called
for documents verification on 27.07.2022.
A photo of list of additional 06
candidate, for documents
verification is hereby annexed
as Annexure – 4 to this
appellation.
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10. That the respondent on 06-11-23 published the
Provisional result in which total 214 candidates were
selected for the said post with department allocation
list.
11. That it is most humbly submitted thar from the said
one candidate namely Mangal Kumar has been
removed from the said selected candidate list. And
as a result 27 vacancies are left vacant and
sanctioned to be fulfilled. That it may further br
stated that the petitioners names appeared in the
Provisional List of 240 candidates and that their
documents have also been verified by the BPSC and
in spite of that they have not been appointed and the
seats remain vacant against sanctioned posts till
date.
12. That the petitioners are valid and bona-fide
candidates having full eligibility of getting the
appointment but due to delay in the process of
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selection and 2nd Provisional List (Result) by the
respondents the petitioners have not been appointed
yet.
13. That the petitioners have also submitted their several
representations before the concerned respondents /
authorities inter alia praying to publish the 2nd
Provisional List (Result) against the 27 vacant seats
but the efforts so far have not borne any fruitful
result and the respondent are siting tight over the
matter.
A copy of the
representation submitted
before the respondent are
hereby annexed as
Annexure – 5 series to this
application.
14. That vide order dated 22.03.2024 passed in C.W.J.C
No.4375 of 2024, this Hon’ble Court was pleased to
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grant liberty to the petitioner to approach the
respondent authorities for redressal of their
grievances and the writ petition was dismissed as not
pressed. The relevant portion of the order dated
22.03.24 passed in C.W.J.C No. 4375 of 2024 is
being reproduced hereunder for ready reference:
“After some arguments, the learned counsel for the
petitioners seeks not to press the present writ petition,
however, seeks liberty on behalf of the petitioners to
approach the respondent authorities for redressal of
their aforesaid grievances. Liberty, so sought, is
granted.’’
A true photo copy of
Judgement dated
22/03/2024, passed in
C.W.J.C No. 4375 of 2024
is being annexed as
Annexure- 6 to this
application.
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15. That pursuant to the aforementioned order dated
22.03.24 passed in C.W.J.C No. 4375 of 2024, the
petitioners filed their representation on 30.03.24
with the concerned authorities for an effective
redressal of their grievances. However, much to the
dismay of the petitioners herein, the authorities are
sitting tight over the matter and have not bothered to
redress the grievances of the petitioners. That as a
result, the petitioners have been left with no option
but to knock the door of this Hon’ble Court again.
A True/photo type copy of
the letter / representation
vide speed post is being
annexed as annexure-7
series with this application.
16. That it is most humbly submitted that the portioners
are the students and their age is going to expire for
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the government job hence their case may be kindly
considered on the grounds of sympathy.
17. That there is no other efficacious and ulterior
remedy to the petitioner save and except to file this
writ application for redressal of his grievances.
18. That the petitioner has earlier not moved filed for
grant of any writ application previously in the said
case except for that what is stated in paragraph no.14
above.
It is, therefore, prayed that your
lordship may graciously be pleased to
admit this writ application, Issue Rule
NISI, calling upon the respondents as
to why not the relief as prayed for in
paragraph no - 1 of this writ petition be
allowed in the favour of the petitioner
at the time of Admission stage itself.
AND
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Pass such other order or orders as
your lordship may deem fit and proper
on the facts and circumstances of this
case
And for this kind act the petitioner shall ever pray.
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AFFIDAVIT
Abhishek Kumar, Male, aged about 29 years, Son of Arvind
Prasad Gupta, Resident of village + Post - Birpur, Ward No.
9, Near Goal Chowk, Basantpur, District – Supaul, Bihar –
854340, do hereby solemnly affirm and stated as follows :-
1. That I am petitioner no 1 in this case and as such am
well acquainted with the facts and circumstances of this
case.
2. That the contents of the petition have been read over
and explained to me in Hindi which, I fully understood.
3. That the statement made in paragraph
Nos.___________________ are true to my knowledge
and those made in paragraph no.
______________________ are true to my information
derived from the records of this case and rests are by
way of submission in this Hon’ble Court.
4. That the annexure are photo / true copies of their
respective originals.
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IN THE HIGH COURT OF JUDICATURE, AT PATNA
(Civil Writ Jurisdiction)
C.W.J.C. No ___________________ / 2024
Abhishek Kumar & Ors. ............. Petitioner
Versus
The State of Bihar & Others .............. Respondents
Sub : Appointment Matter
INDEX
Sl. Particulars Page
No No.
SYNOPSIS A-E
01. An application under Article 226 of the constitution of India 1– 15
with affidavit
02. Annexure : 1 A copy of Advertisement No. 01/2019 along
with correction letter.
03. Annexure : 2 A copy of provisional result published by the
respondent of 240 candidates
04. Annexure : 3 A copy of additional list of 09 candidates
05. Annexure : 4 A copy of additional list of 65 candidates
06. Annexure : 5 A photo copy of representation submitted
Series before the respondent authority
07. Annexure : 6 A true photo copy of Judgement dated
22/03/2024, passed in C.W.J.C No. 4375 of
2024.
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08. Annexure : 7 A True/photo type copy of the letter /
Series representation.
07. VAKALATNAMA
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IN THE HIGH COURT OF JUDICATURE, AT PATNA
(Civil Writ Jurisdiction)
C.W.J.C. No ___________________ / 2024
Abhishek Kumar & Ors. ............. Petitioner
Versus
The State of Bihar & Others .............. Respondents
SYNOPSIS
That the petitioners of this case filed this writ
application for grant of following reliefs, For issuance
of appropriate writ/s, order/s, direction/s in the nature
for mandamus for publishing the 2nd Provisional List
(Result) against the Advt. No. 01/2019 for post of
Assistant Engineer (Civil) Water Resource Department,
Government of Bihar, as the 27 vacancies are left /
vacant. For further any other relief / reliefs,
order/orders, direction/directions, may deem fit and
proper in the facts and circumstances of this case.
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Relevant Dates and Events
Date Events
08.03.2019 Advt. No. 01/2019 has been
published for the vacancy of
Assistant Engineer.
15.06.2022 The Respondent BPSC published
the provisional result of 240
candidates and call the
candidates for document
verification.
13.07.2022 Additional 09 candidates were
called for documents verification.
23.07.2022 Additional 06 candidates were
called for documents verification.
30.10.2023 The petitioners submitted
representation to the respondents
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to published the result against the
vacant 27 seats.
20.01.2024 The petitioners submitted
representation to the respondents
to published the result against the
vacant 27 seats.
22.03.2024 The petitioners filed C.W.J.C No.
4375 of 2024, this hon’ble court
was pleased to grant liberty to the
petitioner to approach the
respondent authorities for
redressal of their grievances.
30.03.2024 The petitioners filed their
representation to the respondents
to published the result against the
vacant 27 seats.
Hence this writ petition
