High CourtsDivision Bench(2021) 02 PAT CK 0204

Ajay Kumar And Ors vs State Of Bihar And Ors

Patna High Court · Decided on 18 February 2021

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 53 Of 2020, Civil Writ Jurisdiction Case No. 10160 Of 2019

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Judgment

16 paragraphs · 329 words

This appeal has been filed by the appellants against the order dated 18.12.2019 passed by the learned Single Judge in C.W.J.C. No.10160 /2019, titled

as Rajeshwar Prasad & Ors. Vs. The State of Bihar and Ors.).

Learned counsel for the parties jointly pray that the present appeal may be disposed of in terms of order dated 31.01.2020 passed in L.P.A. No.571 of

2019 (Naresh Kumar and ors. Vs. the State of Bihar and Ors.) and other analogous matters.

The said order is reproduced as under:-

“Heard learned counsel for the appellants, learned counsel for the State and learned counsel for the Commission.

Counsel for the appellants submits that those 133 persons, who have been recruited, have been appointed after the order of Hon’ble Supreme

Court as they have approached the Hon’ble Supreme Court, but, in fact, they have secured lesser marks then these appellants.

It has been brought to our notice that the identical matter was taken into consideration by a coordinate Bench of this Court in L.P.A. No.755 of 2019,

vide order dated 17.07.2019, the Court has refused to entertain any such claim with regard to the selection pursuant to the advertisement of 2004.

In the present cases, the issue is the same. The learned Single Judge has refused to reopen the matter on the ground that the issue now stands closed

with the selection process having been completed long time back pursuant to advertisement of the year 2004.

We do not find any difference with the fact of LPA No.755 of 2019 and the present case.

In such view of the matter, we do not find any merit in these appeals and, accordingly, the same is dismissed.â€​

As such, the present appeal is dismissed in terms of the order dated 31.01.2020 passed in L.P.A. No.571 of 2019 (Naresh Kumar and ors. Vs. the

State of Bihar and Ors.) and the observations and directions contained in the said case shall apply also to the present case mutatis mutandi.