High Court Patna High Court - Orders

Mithilesh Kumar Singh vs The State Of Bihar & Ors on 1 July, 2011

Patna High Court – Orders
Mithilesh Kumar Singh vs The State Of Bihar & Ors on 1 July, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CWJC No.496 of 2011
                MITHILESH KUMAR SINGH S/O KAAMESHWAR PD. SINGH
                R/O VILL- REPURA RAMPUR BALLI PS- SARAIYA DISTT-
                MUZAFFARPUR----------------PETITIONER
                                 Versus
                1. THE STATE OF BIHAR
                2. THE PRINCIPAL SECY. LABOUR RESOURCES DEPTT. GOVT.
                   OF BIHAR, VIKASH BHAWAN, PATNA
                3. THE CHAIRMAN, B.P.S.C. 15 BAILEY ROAD,PATNA
                4. THE SECY., BPSC. 15 BAILEY ROAD, PATNA
                5. THE DEPUTY SECY. BPSC., 15 BAILEY ROAD, PATNA
                6. THE EXAMINATION CONTROLLER-CUM-ADDITIONAL SECY.
                   B.P.S.C.15 BAILEY ROAD, PATNA
                7. THE HEAD SECTIONAL OFFICER, DIRECT RECRUIT SECTION
                   B.P.S.C. 15-BAILEY ROAD, PATNA---RESPONDENTS
                              -----------

For the Petitioner: Mr.K.N.Jha, Advocate
For B.P.S.C.: Mr. P.N.Shahi, Advocate &
Mr. Sanjay Pandey, Advocate
For the State: Mr. D.K.Prasad, G.P.7

———–

3 1.7.2011 Heard learned counsel for the parties.

It is yet another writ application by disgruntled

candidate who did not make it to the selection list prepared by the

Bihar Public Service Commission for appointment on the post of

Principal and Vice Principal in the Industrial Training Institutes,

Bihar.

According to petitioner he has the marks and he

has the experience for being invited for interview but the

respondent authority had played with his career or his future.

Counter affidavit on behalf of the BPSC has been

filed. Besides denying other assertions the status of the petitioner

has been stated in detail in paragraph-13. According to statement

made therein the petitioner was considered under the general

category. He has 63.08% marks in B.E. (Electronics). He has

annexed certain certificates showing experience but those

experience do not seem to be inconformity with the advertisement
-2-

as the experience relates to some kind of teaching done by the

petitioner in a coaching as well as some training in I.C.I.C.I Bank.

None of them can be termed to be experience of supervisory kind

in a factory for more than a year.

The second statement is that marks for the general

category candidates stopped at 70.58%. There is big gap between

the percentages of marks which the petitioner has vis-a-vis the last

candidate who got in from the general category. This gap cannot

be filled up by this Court or the B.P.S.C.

This writ application therefore has been filed not

on the basis of any substantive discrimination practiced against

him but more on illusory kind of discrimination which the

petitioner feels.

This writ application is dismissed in the above

circumstance as being devoid of merit.

RPS                   (Ajay Kumar Tripathi,J.)