High Court Patna High Court - Orders

Ajay Kumar Singh vs The State Of Bihar & Ors on 12 September, 2011

Patna High Court – Orders
Ajay Kumar Singh vs The State Of Bihar & Ors on 12 September, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3562 of 2011
                 Ajay Kumar Singh son of Sri Ram Sewak Singh, resident of village -
                 Atardah, Police Station- Sadar, District Muzaffarpur   ...Petitioner

                                                    Versus
                 1. The State Of Bihar
                 2. Mr. Rahul Singh, the Transport Commissioner, Vishweshvaraiya
                    Bhawan, New Secretariat, Patna
                 3. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection
                    Commission, Patna P.O. Veterinary College, Patna 14
                 4. Mr. Alok Kumar Sinha, the Chairman, Bihar Staff Selection
                    Commission, Patna P.O. Veterinary College, Patna 14...Opp. parties
                                       ----------------------------------

2 12-09-2011 Heard the parties.

The writ petitioners and interveners want the

Commission to declare the result of screening done by

the Commission and call the writ petitioners for

interview for appointment to the post of Motor Vehicle

Inspectors. They have raised a grievance that the

Commission has been causing undue delay in the

matter inspite of two months time granted earlier by

order dated 27-4-2011 which was extended till

September, 2011 by order dated 26-7-2011.

Learned counsel for the Commission submits

that on 3-9-2011 by annexure-7 to I.A. no. 6103/2011

the Commission has called 22 candidates to face

interview on 20-9-2011. The stand of the Counsel for

the Commission is that even after considering the
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judgement of this court whereby true import of certain

words were explained and hyper technicalities were

ordered to be avoided, according to Commission, only

22 candidates have qualified for interview as per Rules

and law.

The writ petitioners and interveners have a

grievance that the Commission is not acting fairly and

properly and it has left out the writ petitioners and

interveners although, as claimed by them, they are also

entitled to be called for interview.

Now when the date of interview has already

been fixed by the Commission, this contempt petition

will not serve any useful purpose because through it we

were simply to ensure that the Commission completes

the exercise within the time indicated by this court.

Now the controversy between the writ petitioners and

the interveners on the one side and the Commission on

the other is on merits as to whether the cases of the writ

petitioners and interveners have been properly

considered or not. In our considered view, for raising

this kind of dispute, even if the case of the petitioners
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has merits, they should approach this court afresh by

invoking writ jurisdiction.

With this observation, this contempt petition

and the interlocutory applications are finally disposed

of.

(Shiva Kirti Singh, J.)

(Shivaji Pandey, J.)
BKS/-