IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14680 of 2009
NUTAN KUMARI W/O SHARAD KUMAR R/O AHIYAPUR ZERO
MILE, P.S.- AHIYAPUR, DISTT.- MUZAFFARPUR.
VERSUS
1. 1. THE B.R.A. BIHAR UNIVERSITY MUZAFFARPUR
THROUGH ITS REGISTRAR.
2. THE VICE-CHANCELLOR B.R.A. BIHAR UNIVERSITY,
MUZAFFARPUR.
3. THE REGISTRAR B.R.A. BIHAR UNIVERSITY,
MUZAFFARPUR.
4. THE SELECTION COMMITTEE B.R.A. BIHAR
UNIVERSITY, MUZAFFARPUR.
5. RAVI SHANKAR KUMAR S/O DAYANAND PRASAD
PRESENTLY POSTED AS PTI, R.D.S. COLLEGE,
MUZAFFARPUR.
6. CHANDRA SINGH S/O NAND KISHORE SINGH
PRESENTLY POSTED AS PTI, M.S.K.B. COLLEGE,
MUZAFFARPUR.
7. SANJAY KUMAR SINGH S/O NAME NOT KNOWN TO
THE PETITIONER PRESENTLY POSTED AS PTI, J.S.
COLLEGE, CHANDAULI, MUZAFFARPUR.
8. MITHILESH KUMAR MANI S/O SHEO NATH PRASAD
PRESENTLY POSTED AS PTI, L.N. COLLEGE,
BHAGWANPUR, DISTT.- MUZAFFARPUR.
WITH
CWJC No.3580 of 2010
SANJAY KUMAR SINGH S/O RAMTA PRASAD SINGH R/O
VILL.- HATIYA, P.S.- KARAKAT, P.O.- AMAURA, DISTT.-
ROHTAS.
VERSUS
1. THE CHANCELLOR BABASAHEB BHIMRAO AMBEDKAR
BIHAR UNIVERSITY, MUZAFFARPUR.
2. THE DEPUTY SECRETARY GOVERNOR'S SECRETARIAT,
IHAR, RAJ BHAWAN, PATNA.
3. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR THROUGH ITS REGISTRAR.
4. THE VICE-CHANCELLOR BABASAHEB BHIMRAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR.
5. THE REGISTRAR BABASAHEB BHIMRAO AMBEDKAR
BIHAR UNIVERSITY, MUZAFFARPUR.
6. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY DEPARTMENT OF HUMAN RESOURCES,
GOVERNMENT OF BIHAR, PATNA.
WITH
CWJC No.3611 of 2010
2
MITHILESH KUMAR MANI S/O SHEO NATH PRASAD R/O
VILL+P.O.BASAWAN TAKHAT,P.S.BASANTPUR,DISTT-SIWAN.
VERSUS
1. THE CHANCELLOR,BABASAHEB BHIM RAO AMBEDKAR
BIHAR UNIVERSITY , MUZAFFARPUR.
2. THE DEPUTY SECRETARY,GOVERNOR'S SECRETARIAT
BIHAR,RAJ BHAWAN,PATNA.
3. BABASAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR,THROUGH ITS REGISTRAR.
4. THE VICE -CHANCELLOR BABASAHEB BHIMRAO
AMBEDKAR ,BIHAR UNIVERSITY,MUZAFFARPUR.
5. THE REGISTRAR,BABASAHEB BHIMRAO AMBEDKAR null
BIHAR UNIVERSITY,MUZAFFARPUR.
6. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY,DEPARTMENT OF HUMAN RESOURCES null
GOVERNMENT OF BIHAR,PATNA.
WITH
CWJC No.3713 of 2010
RAVI SHANKAR KUMAR S/O SRI DAYANAND PRASAD R/O
Q.NO. 28, NEW READERS COLONY, GANNIPUR, KHABRA
ROAD, DISTRICT -MUZAFFARPUR.
VERSUS
1. THE CHANCELLOR,BABASAHEB BHIMRAO AMBEDKAR
BIHAR UNIVERSITY MUZAFFARPUR.
2. THE DEPUTY SECRETARY GOVERNOR'S SECRETARIAT,
BIHAR, RAJ BHAWAN, PATNA.
3. BABASAHEB BHIMRAO AMBEDKAR BIHAR
UNIVERSITY,MUZAFFARPUR THROUGH ITS REGISTRAR.
4. THE VICE - CHANCELLOR, BABASAHEB BHIMRAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR.
5. THE REGISTRAR BABASAHEB BHIMRAO AMBEDKAR,
BIHAR UNIVERSITY, MUZAFFARPUR.
6. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY DEPARTMENT OF HUMAN RESOURCES,
GOVT. OF BIHAR, PATNA.
WITH
CWJC No.3724 of 2010
CHANDRAMA SINGH S/O NAND KISHORE SINGH, R/O
VILLAGE+P.O-PAGAHIYA, AIMA VIA- HARDI, DISTRICT-
MUZAFFARPUR.
VERSUS
1. THE CHANCELLOR,BABASAHEB BHIMRAO AMBEDKAR
BIHAR UNIVERSITY, MUZAFFARPUR.
2. THE DEPUTY SECRETARY GOVERNOR'S
SECRETARIAT,BIHAR, RAJ BHAWAN, PATNA.
3. BABASAHEB BHIMRAO AMBEDKAR BIHAR
UNIVERSITY,MUZAFFARPUR THROUGH ITS REGISTRAR .
3
4. THE VICE- CHANCELLOR, BABASAHEB BHIMRAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR.
5. THE REGISTRAR BABASAHEB BHIMRAO AMBEDKAR
BIHAR UNIVERSITY,MUZAFFARPUR.
6. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, DEPARTMENT OF HUMAN RESOURCES,
GOVT. OF BIHAR, PATNA.
-----------
(In C.W.J.C. No.14680 of 2009)
For the Petitioner : Mr. Chakrapani & Mr. Ashim Jha.
(In C.W.J.C. Nos.3580 of 2010, 3611 of 2010, 3713 of 2010 & 3724 of 2010)
For the Petitioners : Mr. Ujjawal Kr. Sinha & Mr. Brajesh Kumar.
For the University : Mr. Ajay Bihari Sinha.
————
06 10.02.2011 In all these five writ petitions the question involved is the
same. It relates to the validity of the selection of Physical Training
Instructors for four constituent Colleges under the B.R.A. Bihar
University, Muzaffarpur.
As all parties have appeared, filed their counter affidavits
and reply thereto, the pleading being complete, with consent of parties, all
the five writ petitions were heard for final disposal at this stage itself.
On 04.11.2009 C.W.J.C. No.14680 of 2009 was filed by
Nutan Kumari challenging the selection process as adopted by the
University concerned and the selection of four persons as Physical
Training Instructors in four constituent Colleges of the University in
question. The four persons are, namely, Sanjay Kumar Singh, Mithilesh
Kumar Mani, Ravi Shankar Kumar and Chandrama Singh. They have
been made respondents in this writ petition and pursuant to notices issued
have appeared. These four persons have individually filed writ petitions.
Sanjay Kumar Singh filed C.W.J.C. No.3580 of 2010 on 25.02.2010,
Mithilesh Kumar Mani filed C.W.J.C. No.3611 of 2010 on 25.02.2010,
Ravi Shankar Kumar filed C.W.J.C. No.3713 of 2010 on 26.02.2010 and
4
Chandrama Singh filed C.W.J.C. No.3724 of 2010 on 26.02.2010. These
four persons have challenged the order of the Chancellor of the
Universities, who upon enquiry report submitted to it cancelled their
selections and consequently their appointment as Physical Training
Instructors as done by the University concerned. It may be noted here that
though Nutan Kumari filed the writ petition making the selected
candidates to the writ petition as party-respondents and also filed
intervention applications in the other four writ petitions in which those
petitioners did not make Nutan Kumari a party-respondent. Intervention
applications are allowed. It is because of these that all the five writ
petitions were taken up together to decide the validity of the action taken
by the Chancellor and the validity of the selection process.
Nutan Kumari, the writ petitioner in the first filed writ
petition basically challenges the selection and the selection process on the
ground of total lack of transparency, the details whereof will be
considered at appropriate stage. She supports the later action of the
Chancellor in cancelling the selection process itself based on three
member enquiry report as well.
On the other hand, the four remaining writ petitioners
whose selection were cancelled, pursuant to the Chancellor’s order,
initially in the writ petition challenged the action of the Chancellor alone
but when all the five writ petitions were taken up together they joined
issues with regard to the validity of the selection process and their
selections as well which rendered the challenge to order of the Chancellor
on technical ground of violation of principles of natural justice not
5
necessary for decision.
In fairness to the counsel for the four selected candidates in
their writ petitions as initially filed they had challenged the action of the
University in terminating their appointment, pursuant to the order of the
Chancellor, which was based on high powered enquiry report. Their only
ground of attack was that they had not been heard by the Chancellor
before the Chancellor ordered for cancellation of their selection and
cancellation of the selection process, but in view of the challenge to the
selection process as made by Nutan Kumari long prior to the order of the
Chancellor before this Court, that issue losses significance and what
become significant is the validity of the selection process and the
selection.
It appears that on 13.07.2008 an advertisement was issued
by the B.R.A. Bihar University, Muzaffarpur, inter alia, for appointment
of Physical Training Instructors in four of its constituent Colleges, one in
each College, namely, R.D.S. College, Muzaffarpur, M.S.K.B. College,
Muzaffarpur, L.N. College, Bhagwanpur and J.S. College, Chandauli.
The advertisement is Annexure-1 to the first writ petition. In the
advertisement, there are only three conditions specified. Firstly, each
candidate is required to apply for the post of Physical Training Instructor
separately for each College. Secondly, candidates possessing Bachelor
degree in Physical Education or Graduate with Diploma in Physical
Education from a recognized institution may apply for the post. Lastly,
age limit for all above posts were as per Government Rule/order. It is
pursuant to the aforesaid advertisement that all the five writ petitioners
6
apart from others applied for all the four Colleges. It is not in dispute that
all five writ petitioners upon scrutiny of their applications were found
eligible and were called for interview. It appears that for the purposes of
interview and selection the University constituted a five man committee
by office order dated 27.10.2008. It consisted of the Head of the
Department of Economics of the University as the Chairman, Registrar of
the University as Member Secretary, Principal of Dr. R.M.L.N.S. College,
Professor Incharge (Retired) of Rameshwar College as two other
members and Secretary, Sports Council of the University as the fifth
member.
On 06.11.2008 the said Committee met and interviewed the
applicants four times each candidate in respect of the four Colleges
concerned. They prepared merit list of candidates, which is Annexure-6
series to the first writ petition.
At this stage, I may notice one thing that stands out in the
tabulation of the merit list. As noted above, all the five writ petitioners
were interviewed for all the four Colleges by the same Committee of five
persons allegedly four times on the same day. All other marks with
regard to academic qualifications and marks for higher qualifications and
experience were the same in all the four charts but the marks given in
interview (viva) varied drastically. For example, petitioner, Nutan
Kumari in one interview was awarded 24 marks out of 30 in another 16
out of 30 in the third 12 out of 30 and in the 4th 20 out of 30. Such erratic
variation is there in all the four merit list where someone scores less in
one and more in another. University is not able to give any justification
7
for these markings. Details of other markings will be discussed at
appropriate stage. Upon tabulation of results on 14th February, 2009
University issued appointment letters in favour of the four writ petitioners
leaving aside Nutan Kumari. Apparently, the four selected petitioners
gave their joining immediately in February, 2009 itself. Thereafter,
pursuant to the orders of the Vice-Chancellors, by office order dated
13.05.2009, the Registrar of the University fixed their pay scale at
Rs.5000-150-8000.
It appears that soon thereafter the Chancellor of Universities
of Bihar received complaints and on 18.06.2009 the Chancellor appointed
a three man committee to enquire into the selection process and selection
of Physical Training Instructors as made by the University concerned.
Petitioner, Nutan Kumari had also protested to the Chancellor regards the
University and upon the enquiry committee set up had filed protest there
also. Apart from others her (Nutan Kumari) objection was that one of the
Colleges concerned was Mahila Shilp Kala Bhawan (M.S.K.B.) College,
Muzaffarpur, which was exclusively Girls College, but instead of she
being selected as Physical Training Instructor, she was ignored and
petitioner, Chandrama Singh was selected. The report of the enquiry
committee dated 07.10.2009, as submitted to the Chancellor of the
University, is to be found in the counter affidavits of the University in the
writ petitions filed by the selected candidates. The Committee
recommended the cancellation of the appointments and action against the
Vice-Chancellor and the Registrar of the University as they appeared to
be involved in appointment fixing game. It is pursuant to this enquiry
8
report as submitted to the Chancellor, the Chancellor upon consideration
thereof was pleased to cancel the appointments and directed the
University to take necessary action by its communication dated
05.01.2010. The University thereafter issued letter dated 15.02.2010 to
the four selected writ petitioners and asked them to show cause. Those
selected petitioners asked for papers to file their show cause but before all
of it could be supplied they filed the four writ petitions challenging the
action of the Chancellor. Thus seen, Nutan Kumari with whom the four
selected writ petitioners have joined issues has brought to the four front
the core question about validity of the selection process and the selection
itself.
Basically, the challenge to the selection process is as
follows. A reference to the advertisement would show that nothing was
disclosed therein with regard to the manner and the process of selection or
the criteria thereof. Now, it is not in dispute that there was no criteria at
all fixed. The criterion were evolved by the selection committee. Five
men selection committee on the date of interview fixed the criteria which
were neither disclosed prior or at the time of interview. It was only made
known after appointment letters were issued. Thus, there was total lack of
transparency. It is then submitted that once after selection and
appointments the criterion were disclosed it showed hostile discrimination
and arbitrariness. First out of total 100 marks 60 marks were for
academic qualifications, being 10 marks for Matriculation, 10 marks for
Intermediate and 40 marks for Graduation. So far as Matriculation and
Intermediate are concerned, the marks are not put in issue but so far as
9
Graduation is concerned, the marking has been put to issue. The selected
candidates and the University explained the same as follows.
There are three types of physical education qualification.
The first is a three year physical education course after Intermediate
resulting in degree of B.P.E. The second is a three year Graduation
course in any subject after Intermediate plus one year physical education
course conducted by University leading to B.P.Ed. degree and the third is
three year Graduation course in any subject after Intermediate and one
year physical education diploma course conducted by School Examination
Board leading to D.P.Ed. The selection committee on the date of
interview evolved marking system for Graduation level which as noted
above was as follows.
For candidates with B.P.E. and B.P.Ed. their marks scored
in B.P.E. and B.P.Ed. were only taken and in a graded manner. If they
had scored more than 75% they were awarded 40 out of 40, if they scored
60-75% they were awarded 30 out of 40, if they had scored 45-60% they
were awarded 25 out of 40 and if they had scored below 45% they were
awarded 20 out of 40 but when it came to D.P.Ed. their marks scored
were calculated differently. Their marks out of 40 for Graduation was
split into two of 20 marks each, 20 marks for their three years Graduation
course and only 20 marks maximum for their physical education course.
The result was that though petitioner, Nutan Kumari had 83.6% in
D.P.Ed., she was awarded only 20 marks, whereas others who had scored
lesser marks in physical education but had B.P.E. or B.P.Ed. were given
higher marks on that basis ignoring their Graduation or other marks. For
10
example, Ravi Shankar Kumar who had got 80% was given 40 marks,
Mithilesh Kumar Mani who had scored 72.6% was given 30 marks,
Chandrama Singh who had scored 55% was given 25 marks and Sanjay
Kumar Singh scored 57% was given 25 marks.
Then the challenge is to the marks on higher qualification
and experience. It is submitted that the two are different criterion but the
total marks combined has been fixed at 10 not disclosing any bifurcation
or any criteria.
Then is the marks for viva (interview), which is 30% of the
total marks, as noted in the very beginning, the same set of five members
on the same day interviewed the selected candidates four times, one time
each for each College and gave drastically different marks. First, in this
regard it is submitted that this shows the erratic irrational marking on
subjective satisfaction, which interview marks being as high as 30% is
irrational, especially, when it is showed that the difference between
selection and non-selection was barely a few marks.
It is then submitted that the selection committee, which
constituted of five persons, had no expert at all in physical education.
There was only one person who was Secretary of the Sports Council of
the University and his only qualification was that he had played one Ranji
Trophy Cricket match and the rest were all pure academicians.
It was then submitted that though one of the College was
exclusively Girls College, namely, M.S.K.B. College, Muzaffarpur and
petitioner, Nutan Kumari was a girl candidate for the post of Physical
Instructor and otherwise fully qualified, she was not considered and male
11
Physical Instructor for physical education in exclusively Girls College
was appointed.
Lastly, it was submitted that the advertisement was totally
vague with regard to the maximum age criteria. It only said that the same
would be fixed as per Government Rules/Notifications. It has been shown
that there is no consistent practice in the Government. In some cases, the
first day of the year in which advertisement is issued is taken to be the
date. In some cases, the date of advertisement is taken to be the relevant
date. This is significant because petitioner, Chandrama Singh is alleged
to be over age but because of this flexibility he was selected.
In short, it is submitted that the entire process was decided
not before but after all applications had been received it was so done to
favour few as is the finding of the enquiry committee appointed by the
Chancellor as well.
In defence, University has submitted that D.P.Ed. is a
Diploma course though it is a one year course after Graduation same as
B.P.Ed., which is a one year course after Graduation, but one is conducted
by the School Examination Board and the other by the University. They
have to be treated differently. With regard to the manner in which
interview was conducted, it was submitted that as applications were to be
filled up individually for different Colleges, the interviews were repeated
and it could not be said to be arbitrary or irrational in any manner. As to
the high marks allotted for interview, it was submitted that interview
marks based on subjective satisfaction even though was 30% it was
neither excessive nor arbitrary. With regard to higher qualifications and
12
experience, it was said that the five members committee was an expert
committee who judged the same properly.
The private-respondents in the first writ petition, who are
independent petitioners, as well, being the selected candidates whose
selection had been cancelled, while adopting these arguments, it is further
submitted that once the petitioner, Nutan Kumari participated in the
selection process it was not open for her to subsequently turn around and
challenge the same after appointments were made. She took a calculated
chance and having failed cannot challenge the same. So far as the
differentiation between D.P.Ed., B.P.Ed. & B.P.E., it is submitted that the
later two are degree courses and the former is Diploma. They are
different class of qualifications and there is nothing wrong in treating
them separately. As to the question of higher qualification and experience
being clubbed together, it is submitted that even though they are different
concepts, there is nothing wrong to assess them combined but
unfortunately neither the University nor the respondents were able to
place on record any definite discernible criteria for this marking. They
further admit that so far as age is concerned, in absence of Rules of
University, the cut off date of age was taken 1st January of the year as is
normally done by the Central Government because the State Government
has no uniform practice or Rules in this regard. Lastly, it was submitted
that even if there were defective criterion and it was applied uniformly
and no prejudice can be said to have been caused to individual.
Having considered the rival submissions, in my view, the
hostile discrimination and arbitrariness is writ large on the face of the
13
records. No one with any amount of reasonable certainty knew the
selection procedure or the process. It stands undisputed that the criterion
were laid down only on the date of interview even then it was not made
known to people. This is a clear cut case of bad and wrong administrative
action. There is absolutely no transparency and such process cannot be
sanctified by the Court. On top of it to say that petitioner, Nutan Kumari
had participated in the selection process and, as such, could not challenge
it after appointments were made, would be travesty of justice. Anyone
could have challenged the criteria if they were disclosed in the
advertisement or before the interview or before the selection but all that
was kept secret. That came to be known much later after appointments
were made. That cannot estop Nutan Kumari from challenging what she
did not know and what was never made public. This objection by the
University and the other petitioners cannot be sustained. In my view, the
law is settled. If a person participates in selection process with his eyes
open knowing the selection process then upon failure to get selected he
cannot turn around and challenge the same. He would be deemed to have
acquiescence to the same. That is not at all the case in the present as
noted above. Nutan Kumari challenged the process even before the
enquiry committee gave its report. The challenge cannot be said to be
belated in any aspect of the matter. The criterion were not disclosed. It is
only after the criterion were disclosed to some extent can it be said that a
person was in a position to challenge. If that is kept in mind it would be
seen that there was no unreasonable delay in the challenge at all.
Moreover, the extent of arbitrariness in the selection process, as would be
14
noticed, fully justifies in setting aside the selection process and the
selection itself.
Now, coming to the markings in respect of Graduation. As
noted above, there are three types of physical education courses. One a
three year course after Intermediate and the other two being one year
courses after three years Graduation in any subject. It matters little
whether it is a one year Diploma course or one year degree course because
under statute University alone can grant degree, the School Examination
Board cannot and that is the only reason for this distinction. If
classification had to be made, subject to it being reasonable, it could be
between the three years physical education course and the one year
physical education course but the moot point to be noted here is that in the
advertisement all are treated similarly for eligibility with no preference or
distinctions. If the advertisement itself did not provide for any
differentiation or different treatment then at the time of evaluation no new
criteria could be laid down. The effect is evident from the marks sheet of
petitioner, Nutan Kumari. She got 83.6% marks in D.P.Ed and in three
years Graduation course she had got 48.8%. Thus, totally she was given
32 marks being 20 plus 12 respectively out of 40 marks. Ravi Shankar
Kumar had 80% either in B.P.E. or B.P.Ed. he was given 40 marks out of
40. There are various instances, as noted earlier, to show the arbitrary
results of this arbitrary criteria, which criteria, as noted above, was
decided at the time of interview. When all applications had been
scrutinized the assertion that these criterion were evolved to promote
certain candidates cannot, thus, be said to be unfounded.
15
Again, when we come to marks of higher qualifications and
experience, no one has disclosed as to what was the criteria of awarding
marks under this head. Again, it is left to the whims of the selection
committee which cannot be countenanced.
Again, we come to the case of marks for interview, the
things are worst. The same set of five people on the same day
interviewed all the five petitioners four times for the same job and in each
interview the marks drastically varied. These are subjective evaluation
based on subjective satisfaction it is these marks which have made
substantial difference, as noted above, the margin being very small. Apart
from this, to this Court it appears that subjective marks cannot be, in the
nature of appointment, as high as 30%. These two things coupled
together make the process quite arbitrary and discriminatory.
Thus, the process as a whole as adopted cannot be said to be
valid in law. The process must thus be struck down and is struck down.
Consequently, it is held that the selection was bad.
With regard to two remaining aspects that is the five
member selection committee being an expert body the less said the better.
I have noted in the beginning of the judgment itself that four of the
persons had absolutely no qualification or knowledge about physical
training education. The fifth member, that is, the Secretary of the Sports
Council of the University himself had no such qualification except being
member of some cricketing club and having once participated in a Ranji
Trophy Cricket match at Bhagalpur. How can it at all be said that this
was an expert body is anybody’s guess. The second aspect is with regard
16
to the age. As referred to above, the advertisement merely stated that the
age limit would be as per Government Rules/Notification. It does not say
whether Central Government or State Government, because even as per
the contesting petitioners and the respondent-University, has no Rules and
the State Government has no standard practice. Central Government
invariably uses first day of the year in which advertisement is issued. It is
because of this flexibility that petitioner, Chandrama Singh got the benefit
even though he was about 37 years of age. This cannot be countenanced.
Lastly, I must consider the argument of the contesting
petitioners that the arbitrariness was consistent in all cases, uniformly
applied which over all should not prejudice any individual. The argument
is noted only for rejection. Once it is held to be arbitrary it losses to be
uniform. It is anyone’s guess which is again arbitrary as a whole. It
cannot be sanctified, much less by a Court.
Thus, on the whole, in my view, the arbitrariness in the
selection process and consequently arbitrary selection cannot be ignored
and it must be held that the entire selection process stands fully vitiated.
I, accordingly, set aside the selection process and the selection of the writ
petitioners to the post of Physical Training Instructors. This was also the
recommendation made to the Chancellor and it is because of this the
Chancellor also rightly set aside the selection process.
In the result, the writ petition, being C.W.J.C. No.14680 of
2009, filed by Nutan Kumari is, thus, allowed and the rest of the writ
petitions are dismissed.
Trivedi/ (Navaniti Prasad Singh, J.)