High CourtsSingle Bench(2019) 11 PAT CK 0041

Jai Prakash Ram vs State Of Bihar Through The Principal Secretary And Ors

Patna High Court · Decided on 7 November 2019

HON’BLE JUDGES
Madhuresh Prasad, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 5330 Of 2016

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Judgment

8 paragraphs · 305 words
1.

Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2.The petitioner is aggrieved by non inclusion of his name in the panel prepared in the District of Siwan, for regularization of Class-IV employees.

3.

The State has come out with a stand in the counter affidavit that the petitioner's registration in the Employment Exchange (Annexure B to the counter affidavit) is dated 26.10.2013. The requirement, as per the advertisement, was that the registration in the Employment Exchange was required to be made on or before 31.03.2013. On account of the later registration of the petitioner in the Employment Exchange, the claim of the petitioner has been rejected.

4.

The petitioner's counsel submits that from his representation (Annexure-5), it is apparent that the petitioner's name was duly registered in the Employment Exchange in 2004 and again in 2007.

5.

The submission of the State counsel are incorrect in view of the proof of registration brought on record by way of counter affidavit. The same has to be viewed with reference to the last date prescribed for registration.

6.

On the other hand, the petitioner has relied upon the self serving statement made in his own representation. Even in the said representation, the Registration Number alleged to have been issued in 2004 or 2007 is not mentioned. Clearly, there is no basis to discard the stand of the State that petitioner's registration in the Employment Exchange was subsequent to the cut off/last date prescribed for such registration, which is based on documents placed on records in the counter affidavit.

7.

The registration of the petitioner in the Employment Exchange being subsequent to the requisite last date, there is no occasion for this Court to issue any direction for his empanelment.

8.

The writ petition is devoid of merit and the same is dismissed.