Patna High Court - Orders
Sanjay Kumar Saroj vs The Honble Patna High Court on 21 August, 2019
Bench: Chief Justice, Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 17058 of 2019
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Sanjay Kumar Saroj & Ors.
... ... Petitioner/s
Versus
The Hon'ble Patna High Court & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashank Chandra, Advocate
: Mr. Satyavrat Verma, Advocate
: Mr. Nishant Kumar, Advocate
For the Respondent/s: Mr. P.K. Verma (AAG 3)
: Mr. Mrigank Mauli, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE JUSTICE SMT. ANJANA
MISHRA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 21-08-2019This writ application has been preferred for quashment of order dated 21.06.2019, passed by the Hon'ble Patna High Court, in administrative side, whereby candidature of the petitioners was rejected and they were debarred from further participation in the selection process of District Judge (entry level) Direct from the Bar. Further prayer is for issuance of mandamus against the respondents to forthwith declare the result of the Mains (written) examination of the petitioners with regard to the District Judge (entry level) Exam, 2019, conducted Patna High Court CWJC No.17058 of 2019(2) dt.21-08-2019 2/4 in pursuance to the advertisement No. BSJS/1/2019, dated 19.01.2019 and to allow the successful candidates to appear in the interview in terms of order dated 19.07.2019 passed by the Hon'ble Supreme Court of India in I.A. No. 161562 arising out of Special Leave to Appeal (C) No. 14156/2015 (Dhiraj Mor Versus the Hon'ble High Court of Delhi).
Let the learned counsel for High Court file counter affidavit within three weeks.
The petitioners have prayed for ad interim stay of the final result of the examination as well as of the appointment in terms of the advertisement above.
The petitioners are Judicial Officers, posted at different places in the State of Bihar, fully detailed in paragraph- 7 of the writ application. They had applied for recruitment against quota for the members of Bar on the post of Additional District Judges. They appeared in the preliminary examination held on 31.03.2019 and all the petitioners cleared the said examination successfully. The petitioners and others were shortlisted for Mains (written) Exam scheduled on 12.05.2019. They appeared in the main examination. However, when result was published on 21.06.2019 a copy at Annexure-6, it is mentioned that candidature of the in-service candidates Patna High Court CWJC No.17058 of 2019(2) dt.21-08-2019 3/4 employed as judicial service (petitioners) stands rejected taking notice of the order dated 10.05.2019 of the Hon'ble Supreme Court in the case of Dheeraj Mor (supra). Last paragraph of the order dated 10.05.2019, passed in Dheeraj Mor case, a copy at Annexure-7 reads as follows:
"We make it clear that we are not disturbing the appointments which have been made so far by virtue of such interim orders. However, no new appointments be made from now onwards of in-service candidates against quota reserved for Bar. In case even if in-service candidate has been selected in the examination held earlier as against the Bar quota no further appointment to be made of such candidates. However, the practicing advocates who have been found selected for appointment, their result be declared and they be appointed subject to the outcome of the pending matter."
After publication of the result of written examination, the successful candidates were interviewed by the Full Court of the Patna High Court and the select list has already been sent to the State Government on 27.07.2019 for issuance of notification of appointment.
This writ application was preferred on 26.07.2019. It Patna High Court CWJC No.17058 of 2019(2) dt.21-08-2019 4/4 is not clear from the writ application that the petitioners were party in Dheeraj More's case nor the High Court of Judicature at Patna is a party therein.
The order dated 19.07.2019 of the Hon'ble Supreme Court was brought to the notice of this Court through this writ petition only after completion of selection process and recommendation of the names of selected candidates to the State Government for issuance of necessary notification of appointment. Hence, the prayer for interim relief is infructuous as of now, as such, is declined.
List this matter on 16th of September, 2019.
(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Vikash/-
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