High CourtsSingle Bench(2023) 02 PAT CK 0054

Brajendra Prasad Rai vs State Of Bihar And Ors

Patna High Court · Decided on 20 February 2023

HON’BLE JUDGES
Sanjeev Prakash Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 10906 Of 2015

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Judgment

5 paragraphs · 298 words
1.

The petitioner by way of this writ petition prays to direct the respondent authorities to appoint him as Coordinator on the ground that he possesses higher qualification in comparison to respondent no. 8.

2.

Learned counsel submits that the petitioner was denied selection solely on the ground that he did not seek permission of the Department to acquire M.A. qualification, whereas it is his case that he had applied for granting him permission to appear in the examination to the Block Education Extension Officer at the relevant time.

3.

I have considered the submission. The reason having been put forward by the petitioner is not reflected from the selection of the respondent no. 8 on the post of Coordinator. On the other hand, the minutes of the Selection Committee placed on record as Agenda No. 3 reflects that the petitioner’s case was considered along with that of the other candidate on the basis of their qualification of B.A. and B.Ed. and it was found that the other candidate respondent no. 8 was having higher percentage in B.Ed. and on the basis he was selected.

4.

Element of selection is in exclusive domain of the selecting body. This Court would not interfere in such selection process provided it gives a chance of consideration to all who had applied. Having noticed that the petitioner’s case was also considered by the selecting body and a decision was taken in favour of respondent no. 8, this Court would not intervene even if this Court has a view that someone else should have been selected in the place of respondent no. 8. It is only a decision making process which is a subject matter of judicial review and not the decision itself.

5.

The writ petition is mis-concieved and is accordingly dismissed.