Patna High Court
Dr.Dwijendra Narain Singh vs The State Of Bihar & Ors on 4 August, 2015
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh, Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No 1283 of 2011
IN
Civil Writ Jurisdiction Case No 3793 of 2011
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Dr Dwijendra Narain Singh S/O Late Surendra Narain Singh Resident Of Village-
Laxmipur, P.S.-Uda Kishanganj, District-Madhepura.
.... .... Appellant/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Science & Technology Department, Government of
Bihar, Patna.
3. The Director, Science & Technology Department, Government Of Bihar, Patna.
4. The Chairman, Bihar Public Service Commission, Jawahar Lal Nehru Marg,
Patna.
5. The Secretary, Bihar Public Service Commission, Jawahar Lal Nehru Marg,
Patna.
6. The Examination Controller-Cum-Additional Secretary, Bihar Public Service
Commission, Jawahar Lal Nehru Marg, Patna.
7. Prof. (Dr) Dhrub Prasad, Presently Posted As Principal In Charge M.I.T.,
Muzaffarpur.
8. Prof. (Dr) Arun Kumar, Presently Posted As Director, Science & Technology
Governvent Of Jharkhand, Ranchi.
9. Prof. (Dr) Achintya, Presently Posted As Incharge Principal, Bhagalpur College
Of Engineering, Bhagalpur P.S.-Sabour, District-Bhagalpur, Bihar.
.... .... Respondent/s
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For the Appellant/s : M/s Anil Kr Tiwary, Ratan Kr, Advocates
For the S t a t e : Mr Anjani Kumar, AAG VI
For the B P S C :
Mr P N Shahi, Sr Advocate with
Mr Sanjay Pandey, Advocate
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CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH
And
HON'BLE JUSTICE SMT NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 04-08-2015 We had disposed of IA No 3956 of 2015 by a detailed order on 08.07.2015 giving liberty to the appellant to apply under the fresh Patna High Court LPA No.1283 of 2011 dt.04-08-2015 2 advertisement for which the last date was 24th of July, 2015 (wrongly typed as 28th of July, 2015). This was so because pursuant to the advertisement, which was in question in the writ proceedings and the Letters Patent Appeal, though writ petitioner/appellant ought to have been considered, he was left out. That selection process having completed, there still remained six vacant posts of Principals. BPSC issued fresh advertisement for the post of Principals under the fresh requisition of the State in respect of those unfilled posts. Thus, the earlier selection process having been completed, fresh process had been started. It is to help the writ petitioner/appellant apply and qualify, we had made adjudication and given him the liberty. Notwithstanding the aforesaid, the writ petitioner/appellant was under
some misnomer. Inspite of liberty granted by this Court, he did not apply. He has filed IA No 6159 of 2015 once again praying that his right, as per first advertisement, be considered.
2 In our view, such a prayer is now infructuous inasmuch as the selection process, pursuant to the first advertisement having exhausted itself, has been closed and all those posts, as noted above, have been readvertised for which we had already given liberty to the writ petitioner/appellant to apply. He failed to take advantage of the same. Thus, the first advertisement having been closed, the second advertisement, the writ petitioner/appellant not applied, no relief can Patna High Court LPA No.1283 of 2011 dt.04-08-2015 3 be granted to the writ petitioner/appellant.
3 Not only this interlocutory application that is IA No 6159 of 2015 has become infructuous, this appeal itself has become infructuous and is disposed of accordingly.
(Navaniti Prasad Singh, J)
M.E.H./- (Nilu Agrawal, J)
U