Patna High Court
Dileep Kumar Mishra & Ors vs The State Of Bihar & Ors on 5 December, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16005 of 2016
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1. Dileep Kumar Mishra son of late Lakshmi Kant Mishra resident of village -
Rikhauli, P.S. - Dumra, P.O. - Paktola, District - Sitamarhi.
2. Rakesh Kumar son of Kishori Sah resident of Village + P.O. - Ranjitpur via Riga,
P.S. + District - Sitamarhi.
3. Sanjay Kumar Jha son of Rup Chandra Jha resident of village + P.O. - Parsauni,
P.S. - Dumra, District - Sitamarhi.
4. Ashish Kumar son of Subhash Kumar Thakur resident of village - Balha
Manorath, P.O. Rasalpur, P.S. - Bajpatti, District - Sitamarhi.
5. Mukesh Ray son of Satya Narayan Ray resident of village - Adhgain, P.O. -
Indrwa, P.S. - Parihar, District - Sitamarhi.
6. Saroj Kumar Pandey son of Bhogendra Panday resident of village - Kansara,
P.O. - Bakhari, P.S. - Sursand, District - Sitamarhi.
7. Prakash Kumar Jha son of Ravindra Nath Jha resident of village - Kansara, P.O. -
Bakhari, P.S. - Sursand, District - Sitamarhi.
8. Ratnesh Yadav son of Manejar Yadav resident of village - Adhgain, P.O. -
Indrwa, P.S. - Parihar, District - Sitamarhi.
9. Ashish Ranjan son of Shiv Shankar Prasad resident of mohalla - Kailashpuri
Ward no. 10, P.O. + P.S. - Dumra, District - Sitamarhi.
10. Ram Vinay Ray son of Bela Ray resident of village + P.O. Basaha, P.S. -
Bajpatti, District - Sitamarhi.
11. Vivekanand Jha son of Subodh Jha resident of village + P.O. - Parsauni, P.S. -
Dumra, District - Sitamarhi.
.... .... Petitioners
Versus
1. The State of Bihar.
2. The Principal Secretary, General Administration Department, Government of
Bihar, Patna.
3. Director, Bihar Administrative Reform Mission Society, General Administration
Department, Government of Bihar, Patna.
4. Additional Director, Bihar Administrative Reform Mission Society, General
Administration Department, Government of Bihar, Patna.
5. The Collector, Sitamarhi, District - Sitamarhi.
6. The Additional Collector-cum-Deputy Collector Establishment, Sitamarhi,
District - Sitamarhi.
7. The Additional Collector, Right to Public Service, Sitamarhi, District -
Sitamarhi.
8. Information Technology Manager, Sitamarhi, District Sitamarhi.
9. District Information Officer, Sitamarhi, District Sitamarhi.
.... .... Respondents
with
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Civil Writ Jurisdiction Case No. 16740 of 2016
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1. Rama Shankar Kumar son of Jagdish Singh, resident of village- Maibi, P.O.-
Kishanganj, P.S.- Bathanaha, District- Sitamarhi.
2. Dhiraj Kumar Chaudhary, son of Ramashrey Chaudhary, resident of village +
P.O.- Yadupatty Bazar, P.S.- Pupari, District- Sitamarhi.
Patna High Court CWJC No.16005 of 2016 dt.05-12-2017 2
3. Asutosh Kumar, son of Ram Sanehi Singh, resident of village Jalsi, P.O.-
Harnahiya, P.S.- Sahiyara, District- Sitamarhi.
4. Priyanka Kumari daughter of Virendra Sah, resident of village- Yamuna Barahi,
P.O.- Kamaladah, P.S.- Bathnaha, District- Sitamarhi.
5. Govind Kumar Jha son of Ram Heran Jha, resident of village Khairba Bhishba
Bazar, P.S. Bela, Parihar, District- Sitamarhi.
6. Suresh Kumar Son of Mahendra Sah Resident of Village+P.O. Bagaha, P.S.
Kanhauli, District Sitamarhi.
7. Kumari Ranju Rani@Ranju Kumari Daughter of Sri Surya Mangal Ray Resident
of Village+P.O. Gauri, PS Nanpur District Sitamarhi.
8. Ramesh Kumar Son of late Bilas Mahto Resident of Village- Banarajhula, P.S.
Sonbarsa, District Sitamarhi.
9. Anil Kumar Karan son of Sitaram Lal Karan Resident of Village- Biraulli, P.S
Bachharpur, P.O. Janakpur Road, P.S Pupari, District sitamarhi.
10. Santosh Kumar Sah Son of Kamal Sah Resident of Village- Kervakoith, P.O.
Bahera, District Darbhanga.
11. Sumit Kumar Son of late Gopal mahto Resident of Village- Bhorha, P.O.
Anhari, P.S Riga, District Sitamarhi.
12. Rubby Kumari Daughter of Ramnath Mahto Resident of Village- Bhoraha, P.O.
Anhari, P.S. Riga District Sitamarhi.
13. Bhogendra Kumar Son of Nageshwar Sah Resident of Village- Kokna, P.S
Pramanandpur, PS Dumra, District Sitamarhi.
14. Juli Kumari Daughter of Shailendra Thakur Resident of Chopar Khurd, P.O.
Batra, P.S. Nanpur, District Sitamarhi.
15. Md. Aftab Haidar Son of Maneer Haider Resident of Village+P.O. Gauri, PS
Nanpur District Sitamarhi.
.... .... Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, General Administration Department, Government of
Bihar, Patna.
3. Director, Bihar Administrative Reform Mission Society, General Administration
Department, Government of Bihar, Patna.
4. Additional Director, Bihar Administrative Reform Mission Society, General
Administration Department, Government of Bihar, Patna.
5. The Collector, Sitamarhi , District Sitamarhi.
6. The Additional Collector-cum-Deputy Collector Establishment Sitamarhi, district
Sitamarhi.
7. The Additional Collector, Right of Public Service, Sitamarhi, District Sitamarhi.
8. Information Technology Manager, Sitamarhi , District Sitamarhi.
9. District Information Officer, Sitamarhi, District Sitamarhi.
.... .... Respondents
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Appearance :
(In CWJC No.16005 of 2016)
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
Mr. Devendra Kumar, Adv.
For the Respondent/s : MD.Nadeem Seraj, GP-5
Mr. Shailesh Kumar, AC to GP-5
(In CWJC No.16740 of 2016)
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
For the Respondent/s : MD. Irshad, AC to SC-1
Patna High Court CWJC No.16005 of 2016 dt.05-12-2017 3
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 05-12-2017
Heard Mr. Rajeev Ranjan, learned counsel appearing for the
petitioners and Md. Nadeem Seraj, learned GP-5, for the State.
The petitioners herein are on the panel of Executive
Assistant prepared for the district of Sitamarhi on 14.10.2012 and are
aggrieved by the fresh selection process initiated by the District
Administration for preparation of new panel without exhausting the
old panel.
Mr. Rajeev Ranjan, learned counsel for the petitioners, has
relied upon the circular of the General Administration Department of
the Govt. of Bihar dated 20.5.2011, a copy of which is placed at
Annexure 3, to submit that the advisory at paragraph 4 very clearly
stipulates that a fresh panel would be prepared only on exhaustion of
the panel of the Executive Assistant already prepared by the
department. He further in reference to the judgment of this Court
reported in 2017(4) PLJR 536 (Dharmendra Kumar & ors. v. the
State of Bihar & ors.) submits that it is taking note of this very
stipulation present at paragraph 4 that the petitioner of the said case
was directed for consideration of his claim. He next refers to the
statement made in the supplementary affidavit filed in the proceeding
on 29.11.2017 to submit that 20 candidates were appointed from the
Patna High Court CWJC No.16005 of 2016 dt.05-12-2017 4
panel on 18.10.2013 vide Annexure 8, 17 candidates were appointed
vide letter dated 20.11.2014 at Annexure 9 and 9 candidates were
appointed on 7.3.2015 vide Annexure 10 but the case of the
petitioners has been ignored although certain juniors from the panel
were also appointed. According to Mr. Ranjan, the action of the
respondents in making appointments from the panel at their choices
should be backed with reasons which is missing in this case. While
accepting the advisory issued by the Principal Secretary, General
Administration Department, dated 5.5.2016 at Annexure 6, he submits
that it would have a prospective effect to the panel prepared thereafter.
Although the argument of Mr. Ranjan has been contested by
Md. Seraj, learned State Counsel, to submit that the earlier panel had a
validity of one year which has been expanded to three years vide
advisory dated 5.5.2016 of the Principal Secretary, a copy of which is
annexed at Annexure 6 to the writ petition. He submits that the fresh
panel which is being prepared in the light of Advertisement No.
13689 (Ni.Ni.) 14-15 would now have a validity of three years.
I have heard learned counsel for the parties and have
perused the records.
Even though the claim raised by the petitioners for
consideration of their case for appointment on their empanelment
would bear consideration in view of the stipulations present in the
Patna High Court CWJC No.16005 of 2016 dt.05-12-2017 5
circular dated 20.5.2011 which has been noted by this Court in the
judgment rendered in the case of Dharmendra Kumar (supra) but
the said circular has now merged with the circular dated 5.5.2016 of
the General Administration Department which limits the validity of a
panel to three years although in the previous circular dated 20.5.2011
the panel had a continued validity until its exhaustion. The complaint
of the petitioner in reference to the supplementary affidavit is that
although large number of appointments was made from the panel
including some candidates, who were junior to these petitioners in the
panel, but their cases were ignored and a fresh panel is yet to be
prepared in the light of the advertisement under reference. Although
learned counsel for the petitioners has pleaded that the representations
were filed against these appointments but there is nothing on record to
support such submission.
Having heard learned counsel for the parties and in view of
the advisory issued by the General Administration Department dated
5.5.2016which limits the validity period of a panel to three years and considering that a period of more than four years has lapsed since last panel prepared, I am not persuaded to grant indulgence to the prayer made herein and these two writ petitions are disposed of with an observation that since these petitioners were already on the panel of the Executive Assistant prepared for the district, their cases may be Patna High Court CWJC No.16005 of 2016 dt.05-12-2017 6 considered for empanelment by granting them age relaxation as and when fresh panel is prepared provided the petitioners do apply for the same.
(Jyoti Saran, J) Surendra/-
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