IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1839 of 2010
1. Dr. Punam Kumari D/O Sri Baidyanath Thakur And W/O Sri Anil Kumar
Sharma R/O Mohalla- Ram Dayalunagar, P.S.- Kazi Mohammadpur, Distt.-
Muzaffarpur...................................................................................Appellant
Versus
1. The State Of Bihar
2. The Secretary Personnel And Administrative Reforms Department, Govt. Of
Bihar, Patna
3. The Secretary Animal Husbandry And Fisheries Department, Government Of
Bihar, Patna
4. The Director, Fisheries Department, Govt. Of Bihar, Patna
5. The Bihar Public Service Commission Through Its Chairman Jawahar Lal
Nehru Marg, Patna
6. The Deputy Secretary Bihar Public Service Commission, Jawahar Lal Nehru
Marg, Patna
7. The Officer-On-Special Duty Bihar Public Service Commission, Jawahar Lal
Nehru Marg, Patna.......................................................................Respondents
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02/ 1st August 2011 Heard the parties.
Challenge in this appeal is order dated
30.08.2010 passed in CWJC No. 3139/2004 where-
under the learned single Judge dismissed the writ
preferred by appellant/petitioner on the sole ground
that the list prepared by BPSC has lost its validity on
account of efflux of time.
After going through the judgment
impugned, this Court finds that it is no-where pleaded
on behalf of respondents/State as well as BPSC that
the list was effective for a particular period which has
already expired and on account thereof it has lost its
authenticity. The simple question involved happens to
be with regard to consideration of appellant’s name
against the vacancies which continued on account of
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non joining of the other incumbents whose names
were recommended by the BPSC. As such, the
appellant is directed to represent before the authority
concerned for consideration of her name against the
post remained vacant on account of non joining of
other incumbents and the authority concerned will
pass a judicious order after taking into account the
circumstances which may be already available since
before within two months on presentation of
representation along with the present order.
With the aforesaid observation, the appeal
is disposed of.
(Prakash Chandra Verma, J.)
(Aditya Kumar Trivedi, J.)
perwez