Indrajeet Kumar Thakur vs The State Of Bihar on 17 October, 2024

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Patna High Court - Orders

Indrajeet Kumar Thakur vs The State Of Bihar on 17 October, 2024

Bench: Purnendu Singh

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15331 of 2024
     ======================================================
1.    Indrajeet Kumar Thakur S/o- Dayanand Thakur, resident of Village -Godiha,
     Kokalkchak, P.S.- Noorsarai, District- Nalanda, Bihar.
2.   Dileep Kumar Maurya, S/o Amar Bahadur Maurya, R/o Village- Shahamau,
     House no.- 52, P.S.- Unchgawan, District- Jaunpur, Uttar Pradesh.
3.   Pradeep Kumar, S/o- Agyaram Jayswal, R/o village- 246, Sabna Dihwa,
     P.S.- Ambedkarnagar, District- Ambedkar Nagar, Uttar Pradesh.
4.   Anil Kumar, S/o- Avadhkishor Singh, R/o village- Manjoorgarhi, P.S.-
     Aligarh, District- Aligarh, Uttar Pradesh.
5.   Amit Kumar Yadav, S/o Ramesh Chander Yadav, R/o village- Raikarpur,
     P.S.- Janapur, District- Faizabad, Uttar Pradesh.

                                                        ... ... Petitioner/s
                                  Versus
1.   The State of Bihar through the General Administrative Department,
     Government of Bihar, Patna.
2.   The Labour Resources Department through its Principal Secretary,
     Government of Bihar, Patna.
3.   The Director, Employment and Training Directorate of Employment and
     Training, Labour Resources Department, Government of Bihar, Patna.
4.   The Directorate of Planning and Training, Bihar through its Joint Secretary,
     Labour Resources Department, Government of Bihar, Patna.
5.   The Joint Director, Employment and Training Directorate of Employment
     and Training, Labour Resources Department, Government of Bihar, Patna.
6.   The Assistant Director, Employment and Training, Directorate of
     Employment and Training, Labour Resource Department, Government of
     Bihar, Patna.
7.   Director General, Directorate General of Training (DGT), Ministry of Skill
     Development and Entrepreneurship (MSDE), Government of India, New
     Delhi.
8.   The Secretary, B.T.S.C., Patna.
9.   The In Charge Secretary, B.T.S.C., Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Samir Kumar, Advocate
          Patna High Court CWJC No.15331 of 2024(2) dt.17-10-2024
                                                     2/4




                                                  Mr. Saurabh Singh, Advocate
                 For the State           :        Mr. Swapnil Kumar Singh, AC to GP 19
                 For the B.T.S.C.        :        Mr. Nikesh Kumar, Advocate
                 For respondent no.7     :        Ms. Parul Prasad, Advocate
                                                  Mr. Aditya Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-10-2024

Heard Mr. Samir Kumar along with Mr. Saurabh Singh, learned counsels appearing on behalf of the petitioners; Mr. Swapnil Kumar Singh, learned AC to GP 19 for the State; Mr. Nikesh Kumar, learned counsel for the B.T.S.C and Ms. Parul Prasad and Mr. Aditya Anand, learned counsels for respondent no.7.

2. Petitioners have inter alia prayed for following reliefs in the paragraph No.1 of the writ petition:-

I. For issuance of a writ/writs in the nature of mandamus directing the respondent authorities to take the appointment of the petitioners on the post of Vocational Instructor (Electrician) published in Advertisement no.22/2023 on the ground that Experience certificates of Workshop Attendant Electrical or Workshop Attendant Electrician or Workshop Attendant produced by the petitioners are sufficient eligibility for appointment.

ii. For holding Experience Certificates of Workshop Attendant Electrical or Workshop Attendant Electrician or Workshop Attendant of 3 years produced by the petitioners are sufficient eligibility for appointment on the post of Vocational Instructor (Electrician).

iii. For setting aside the letter dated Patna High Court CWJC No.15331 of 2024(2) dt.17-10-2024 3/4 21.08.2024, BTSC by which final merit list has been published.

iv. For any other reliefs to which the petitioners are found entitled to in the facts and circumstances of this case."

3. Learned counsel appearing on behalf of the petitioners submitted that vide letter dated 21.08.2024, the Bihar Technical Services Commission, (B.T.S.C.) has issued a list of shortlisted candidates for final selection which don't contain the name of the petitioners in spite of the fact that they fulfill all the terms and conditions for being considered to be appointed on the post of Vocational Instructor (Electrician), having the required experience and the experience certificates have been brought on record by way of Annexure 5 series, issued from time to time in respect of the petitioners. Petitioners being eligible must be considered to be taken by the authority for discharging their duty on the post of Vocational Instructor (Electrician).

4. Considering the specific submission and the experience certificates issued to the petitioners, the petitioners, if so desire, may file detailed representation before the Secretary, B.T.S.C., Patna for considering their claim on the basis of evidences produced by them in terms of governing guideline/Rules expeditiously without any further delay beyond Patna High Court CWJC No.15331 of 2024(2) dt.17-10-2024 4/4 a period of four weeks considering the fact that final result is yet to be published. Till then, final merit list published on 21.08.2024 shall be kept in abeyance.

5. The writ petition is, accordingly, disposed of.

6. Interlocutory Application(s), if any, also stands disposed of.

(Purnendu Singh, J) Sanjay/-

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Patna High Court - Orders