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Patna High Court - Orders

Ishan Singh Bhadoria vs The State Of Bihar & Ors on 19 January, 2018

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9038 of 2017
                 ======================================================
                 Ishan Singh Bhadoria, son of Ramesh Kumar Singh, residence of 28/60,
                 Officers Flat, Bailey Road, P.S.- Kotwali, District- Patna.

                                                                     .... .... Petitioner/s
                                                  Versus
                 1. The State of Bihar through the Principal Secretary, Education
                 Department, Government of Bihar, Patna.
                 2. The Director, Higher Education, Education Department, Government of
                 Bihar, Patna.
                 3. The Chairman, Bihar Public Service Commission, Bailey Road, Patna,
                 Bihar.
                 4. The Secretary, Bihar Public Service Commission, Bailey Road, Patna,
                 Bihar.
                 5. The Secretary, Bihar Public Service Commission, Bailey Road, Patna,
                 Bihar.
                 6. The Examination Controller, Bihar Public Service Commission, Bailey
                 Road, Patna, Bihar.

                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. Shambhu Nath
                 For the Respondent/s  : Mr. Ashutosh Ranjan Pandey- Aag15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR
                 UPADHYAY
                 ORAL ORDER

2   19-01-2018

The respondents are directed to file counter affidavit within a period of four weeks specifically meeting the averments made in the writ petition.

In the event the counter affidavit is found evasive or replies are not specific then the court may proceed in accordance with the principles laid down by the Apex Court in the case of Smt. Naseem Bano Vs. State of U.P. and Others: AIR 1993 SC 2592. The petitioners shall file reply to the counter affidavit within one week thereafter.

Patna High Court CWJC No.9038 of 2017 (2) dt.19-01-2018

2/2

It goes without saying that by filing the counter affidavit the respondents may raise the plea of maintainability, alternative remedy and delay and laches.

Put up after five weeks.

(Anil Kumar Upadhyay, J) Ravi/-

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