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2024 Supreme(Pat) 155

MOHIT KUMAR SHAH
Anant Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr.Jai Ram Singh.
For the State : M/s Kumari Amrita (Gp 3), Mithilesh Kumar Upadhayay, AC to GP-3.

Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following relief: –

“1. This petition is being filed for the issuance of writ in the nature of mandamus for direction to grant of benefit of Sunishit Virt Unnayan Yogyna [Hereafter referred as A.C.P.] and Rupantar Sunishit Vrit Unnayan Yogyna [Hereafter referred as M.A.C.P.] to the petitioner, which is pending before the government of Bihar from years.”

2. At the outset, the learned counsel for the petitioner submits by referring to the counter affidavit filed in the present case that the case of the petitioner for grant of the benefits of ACP/MACP scheme is not being considered, inasmuch as the petitioner has not qualified paper I and II of the Departmental Accounts Examination as well as has not cleared computer proficiency test.

3. The learned counsel for the petitioner has relied upon a judgment dated 08.01.2024, rendered by this Court in the case of Radha Krishna Prasad vs. the State of Bihar & Ors (CWJC No.11522 of 2023), to submit that non-passing of the departmental exam cannot be an impediment to grant of the benefits of the ACP/MACP scheme.

4. Per contra, though the learned counsel for the respondent

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