Back
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2049 of 2022 ======================================================
1. Anand Prakash son of Hari Prasad Gupta, Resident of House No. - EWS -53, Shastri Nagar Colony, Post Gorakhnath Mandir, P.S.-Chiluatal Thana, District-Gorakhpur, U.P.-273015.
2. Ambrish Kumar Verma, son of Shiv Baran Lal, Resident of Village-Bhataha, P.S.-Fatehpur, District-Barabanki-225305, U.P.
3. Rajmani Prajapati, son of Balram Prajapati, Resident of C/2 Calcutta Railway Colony, Post-Loco Workshop, P.S.-Sahpur, District-Gorakhpur, U.P.-273012.
4. Sanjeev Kumar, son of Raj Kumar Sah, AT/P.O.-Ghoghardiha, P.S.-
Goghardiha, District-Madhubani, Bihar-847402.
5. Gauri Shankar, son of Dinesh Sachan, At H.No.-8 Bawan, Koriyan, P.S.-
Sajeti, District-Kanpur, U.P.-209206.
6. Manish Kumar Yadav, son of Ram Nagina Singh Yadav, At-Baksha, Mainpur, P.S.-Karanda, District-Gazipur, U.P.-233001.
7. Priyanka, Daughter of Durjan Singh, Resident of H. No. -115, Gali No. -3, Block-B2, Krishna Nagar (Bagu), P.S.-Vijay Nagar, District-Ghaziabad, U.P.-201009.
8. Anil Kumar Sharma, son of Bhaj Govind, Resident of Village-Jagatpur, P.S.-
Krishna Garh, District-Bhojpur-802316, presently residing at Chakla, Kanchrapara (m), North 24 Paraganas, West Bengal-743145.
... ... Petitioners Versus
1. The State of Bihar (deleted vide order dated 06.4.2022) through the Chief Secretary, Government of Bihar, Patna.
2. The Director-in-Chief, Health Department, Government of Bihar, Patna.
3. The Additional Chief Secretary-cum-Principal Secretary (deleted vide order dt. 06.04.2022), Health Department, Government of Bihar, Patna.
4. Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna-800014.
5. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna-800014.
6. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna-
800014.
7. The Controller of Examination, Bihar Staff Selection Commission, Veterinary College, Patna-800014.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 15909 of 2021 ======================================================
1. Deepak Kumar son of Kailash Singh Resident of Malviya Nagar Nawdih, P.S.- Khaira, District- Jamui- 811317.
2. Ranjan Mohan Prasad son of Late Krishna Mohan Prasad Resident of Harnaha Tola, P.S.- Khajkala, Patna City- 800008.
3. Devendra Kumar Rawat son of Lakhan Rawat Resident of Village- Chun, P.S.- Khaira, District- Jamui- 811305.
4. Digvijay Kumar Sharma son of Amrendra Kumar Sharma Resident of Paharichak Perbejabad Sonpur, P.S.- Sonpur, District- Saran- 841101.
5. Anil Kumar Verma son of Vinay Kumar Verma At and P.O.- Malhara, P.S.-
Haspura, District- Aurangabad- 852124.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Director-in- Chief (Administration), Health Services, Government of Bihar, Patna.
3. The Bihar Staff Selection Commission, through its Secretary, Veterinary College Campus, Patna- 14.
4. Abhinav Raj (Roll No-100628) son of Indra Deo Prasad, At and P.O.-Sri Nagar, P.S.-Kumar Khand, District-Madhepura-852112.
5. Dharmendra Kumar (Roll No-100470) son of Ram Deo Choudhary, Resident of Mohalla/Village-Punpun, Patna Punpun Road, P.S.-Punpun, District-Patna.
6. Animesh Kumar (Roll No-100746), son of Ram Naresh Kumar, Resident of Near Prashaant Cinema, Ward No.-18, P.S.-Town (City), District-Saharsa-
852104.
7. Puja Kumari (Roll No-100921) D/o Manoj Choudhary, Resident of Mathurapur, P.O.-Ashim Chak, P.S.-Dalsingsarai, District-Samastipur-
848101.
8. Umashankar Choudhary (Roll No. 101030), son of not known at present working at Senior Tuberculosis Supervisor, District Tuberculosis Centre, Bhojpur-802301.
9. Hare Ram Yadav (Roll No-101129) son of not known, at present working as Senior Tuberculosis Supervisor, District Tuberculosis Centre, Samastipur.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 16002 of 2021 ======================================================
1. Jitendra Kumar Son of Ramprit Prasad Resident of Village and P.O. - Gauri Pundah, P.S. - Fatuha, District- Patna, Bihar - 803201.
2. Md. Serajuddin Son of Shahzada Resident of Mohalla - Shivdhara (Alafganj), Ward No. - 01, P.O. Lalbagh, P.S. - L.N.M.U., District-
Darbhanga, Bihar - 846004.
3. Bharti Kishor Krishna Son of laxmi Narayan Bharti Resident of At Azad Nagar, Ward No. - 09, P.O. Madhepura, P.S. - Madhepura, District-
Madhepura, Bihar- 854301.
4. Ajay Kumar Singh Son of Baleshwar Singh Resident of Village - Rampur, P.O. - Khanethi, P.S. - sonhan, District- Kaimur, Bihar - 821109.
5. Rajesh Kumar Singh Son of Suresh Prasad Singh Resident of Village and Post and P.S. - Bhimnagar, District- Supaul, Bihar - 854338.
6. Divakar Kumar Bharti Son of Kuldip Pandit Resident of At Rupni, P.O. -
Chuatham, P.S. - Chuatham, District- Khagaria, Bihar - 851201.
7. Pooja Kumari Son of Rajaram Prasad Resident of Village - Purankama, P.O.
and P.S. - Sheikhpura, District- Sheikhpura, Bihar - 811105.
8. Abhishek Kumar Srivastava Son of Subash Chandra Srivastav Resident of At Kaystha tola, Near Railway Power House, P.O. and P.S. - Manihari, District- Katihar, Bihar - 854113.
9. Rajeev Kumar Sharma Son of Om Prakash Sharma Resident of At Matadih, near Kali mandir, P.O. - Jamalpur, P.S. - Dharhara, District- Munger, Bihar -
811214.
10. Ravi Ranjan Son of Ramjee Prasad Resident of Village - Makhdumpur, Post - Paithana, P.S. - Islampur, District- Nalanda, Bihar - 801303.
11. Rajesh Kumar Son of Gopal Saw Resident of at Chhoti Ballia Bazar, Main Road Ward No. - 12, P.O. - Lakhminia, P.S. - Ballia, District- Begusarai.
Bihar - 851211.
12. Balmukund Patel Son of Anandi Prasad Resident of Village - Sorapar, Post -
Paingree, P.S. - Warsaliganj, District- Nawada, Bihar - 805130.
... ... Petitioners Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary - cum- Principal Secretary, Health Department, Government of Bihar, Patna.
3. Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna - 800014.
4. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna - 800014.
5. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna - 800014.
6. The Controller of Examination, Bihar Staff Selection Commission, Veterinary College, Patna - 800014.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 16278 of 2021 ======================================================
1. Santosh Kumar Sharma son of Shailendra Kumar Sharma Resident of Paharichak, Perbejabad, P.S.- Sonpur, District- Saran- 841101.
2. Ranjeet Kumar Singh son of Ajay Kumar Singh Resident of Village-
Plakiya, P.S.- Sherghati, District- Gaya.
3. Rajiv Kumar son of Parmanand Singh Resident of Village- Bararhi Gola, P.S.- Akorhi Gola, District- Rohtas- 821301.
4. Anand Kumar Bharti son of Keshav Kumar Singh Resident of Untta Madarpur, P.S. Jehanabad, District- Jehanabad- 804417.
5. Pankaj Kumar Sinha son of Pradeep Kumar Sinha Resident of Pipra, P.S.-
Dumariya, District- Gaya 841101.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Director-in- Chief (Administration), Health Services, Government of Bihar, Patna.
3. The Bihar Staff Selection Commission, through its Secretary, Veterinary College Campus, Patna-14.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 16328 of 2021 ======================================================
1. Pawan Kumar Lal Das Son of Ramakant Das, Resident of Village-Kako, P.S.-Bhairavsthan, District-Madhubani-847404.
2. Amit Ranjan, Son of Raghunandan Singh, Resident of Village-Bahadurpur, P.S.-Indstrial, District-Bhagalpur-813210.
3. Mritunjay Kumar, son of Sri Nagendra Prasad, resident of Village-Chandasi, P.S. Noorsarai, District-Nalanda-803113.
4. Jyoti Kumari, D/o Birendra Prasad, resident of Janak Dulari Colony, Bhgwat Nagar Naya Tola, Kumhrar, P.S.-Agamkuan, District-Patna-800026.
5. Chandan Kumar, Son of Ram baran Mahato, At and P.O.-Mustafapur, P.S.-
Suryagarha, District-Lakhisarai-811106.
6. Niraj, Son of Sri Vishwanath Singh, Resident of Mohalla-Mahikkhandak (Amber), Biharsharif, P.S.-Biharsharif, District-Nalanda-803101.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Director-in-Chief (Administration), Health Services, Government of Bihar, Patna.
3. The Bihar Staff Selection Commission through its Secretary, Veterinary College Campus, Patna-14.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 16713 of 2021 ======================================================
1. Vijay Kumar Son of Jibu Ram Resident of Village- Kalayanpur, P.S.-
Kalayanpur, District- Samastipur.
2. Sanjeev Kumar Choudhary Son of Jagdish Choudhary At and PO- Kakodha, Via Bishnupur (Lohna Road), P.S.- Saketpur, District- Darbhanga- 847204.
3. Raju Sah Son of Nand Kishore Sah Resident of Mohalla- Alaipatti, P.S.-
Laheriasarai, District- Darbhanga- 846003.
4. Ranjeet Kumar Mishra Son of Ram Sundar Mishra Resident of Village-
Damodarpur, P.S.- Mehsi, District- East Champaran.
5. Arvind Kumar Son of Baiju Prasad Singh Resident of Ramkrishna Nagar, P.S.- Ram Krishna Nagar, District- Patna.
6. Abhay Kumar Ray Son of Nirmal Kumar Ray Resident of Kharauna, P.S.-
Tarari, District- Bhojpur.
7. Indu Shekhar Son of Krishna Mohan Thakur Resident of Village- Barahsher, P.S.- Bihra Barahsher, District- Saharsa- 852124.
8. Sudhir Kumar Son of Late Chandeshwar Prasad Resident of Station Road, Arya Samaj Gali, Khushropur, P.S.- Khushropur, District- Patna- 803202.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Director-in-Chief (Administration), Health Services, Government of Bihar, Patna.
3. The Bihar Staff Selection Commission, through its Secertary, Veterinary College Campus, Patna- 14.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 16844 of 2021 ======================================================
1. Shishir Kumar Son of Muni Lal Prasad, Baranwal Bhawan, MakhdunSarai, P.S.- Siwan, District - Siwan 841226.
2. Dharamveer Kumar Raushan Son of Raghuveer Prasad, At- Unnta, Madarpur, P.S. - Jehanabad, District - Jehanabad - 804417.
3. Kaushlendra Kumar Prabhakar Son of Om Prakash Narayan Singh, At-
Dharaut, P.S.- Makdumpur, District - Jehanabad - 804405.
4. Kunal Kishor Son of Sachchida Nand Pandey, At- Silao, P.S.- Silao, District - Nalanda- 803117.
5. Narendra Singh, Son of Kameshwar Prasad, At- Powerganj, PNB Gali, Bageshwari Road, P.S.- Gaya, District - Gaya - 823001.
6. Sudesh Son of Uma Kant Singh, At- Manihari, P.S.- Manihari, District -
Katihar - 854113.
7. Vishal Kumar, Son of Uma Kant Singh, At- Manihari, P.S.- Manihari, District - Katihari - 854113.
8. Suresh Kumar Gupta Son of Babu Lal Sah, At- Shashtri Nagar Road No. - 3, Ekmi Road, P.S.- Laheriasarai, District - Darbhanga - 846001.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Director -in-Chief (Administration), Health Services, Government of Bihar, Patna.
3. The Bihar Staff Selection Commission, through it's Secretary, Veterinary College Campus, Patna - 14.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 14759 of 2022 ======================================================
1. Indu Shekhar son of Krishna Mohan Thakur, Resident of Village-Barahsher, P.S.-Bihra, Barahsher, District-Saharsa (Bihar)-852124.
2. Ranjeet Kumar Mishra, Son of Ram Sun Sundar Mishra, Resident of Village-Damodarpur, P.S.-Mehsi, District-East Champaran (Bihar).
3. Sudhir Kumar, Son of Late Chandeshwar Prasad, Resident of Station Road, Arya Samaj Gali, Khushropur, P.S.-Khushropur, District-Patna (Bihar)-
803202.
4. Raju Sah Son of Nand Kishore Sah, Resident of Mohall-Alaipatti, P.S.-
Laheriasarai, District-Darbhanga (Bihar)-846003.
5. Sanjeev Kumar Choudhary, son of Jagdish Choudhary, At and P.O.-
Kakodha, via Bishnupur (Lohna Road), P.S.-Saketpur, District-Darbhanga (Bihar)-847204. ... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Health Department, Governemnt of Bihar, Patna.
2. The Director -in-Chief, Health Department, Governemnt of Bihar, Patna.
3. Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna-800014.
4. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna-800014.
5. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna-
800014.
6. The Controller of Examination, Bihar Staff Selection Commission, Veterinary College, Patna-800014.
... ... Respondents ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 2049 of 2022)
For the Petitioner/s : Mr. Raushan, Advocate For the Respondent/s : Mr. Mujtabaul Haque (GP12)
Mr. Vasant Vikas, AC to GP-12 For the BSSC : Mr. Harshvardhan Shivsundaram,Advocate (In Civil Writ Jurisdiction Case No. 15909 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate For the Respondent/s : Mr. Mujtabaul Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12 For the BSSC : Mr. Rewati Kant Raman, Advocate (In Civil Writ Jurisdiction Case No. 16002 of 2021)
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate Mr. Arvind Kumar, Advocate Mr. Nilesh Kumar Nirala, Advocate For the Respondent/s : Mr. Ravi Kumar, AC to GP-13 For the BSSC : MR. Satya Prakash Tripathy, Advocate (In Civil Writ Jurisdiction Case No. 16278 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate For the Respondent/s : Mr. Aditya Nath Jha, AC to SC-18 For the BSSC : Mr. Rewati Kant Raman, Advocate Ms. Prachi Pallavi, Advocate (In Civil Writ Jurisdiction Case No. 16328 of 2021)
For the Petitioner/s : Mr.Arup Kumar Chongdar For the Respondent/s : Mr.Mujtabaul Haque (GP12) For the BSSC : Mr. Satyabir Bharti, Advocate Mr. Kanupriya, Advocate Ms. Sushmita Sharma, Advocate Mr. Abhishek Anand, Advocate (In Civil Writ Jurisdiction Case No. 16713 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate For the Respondent/s : Mr. Birju Prasad (GP13)
Mr. Ravi Kumar, AC to GP-13 Ms. Shweta Anand, AC to GP-13 (In Civil Writ Jurisdiction Case No. 16844 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate For the Respondent/s : Mr. Ajay Behari Sinha, GA-8 Mr. Neeraj Raj, AC to GA-8 (In Civil Writ Jurisdiction Case No. 14759 of 2022)
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate For the Respondent/s : Mr. Pankaj Kumar, SC-12 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
CAV JUDGMENT
Date : 17-05-2023 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Staff Selection Commission.
2. On the request of the parties, these writ applications have been tagged and after hearing the parties, all these matters are being disposed of by this common judgment.
3. For purpose of reference C.W.J.C. No. 2049 of 2022 has been taken as a lead case.
4. The petitioners in these writ applications are praying for a direction to the respondents Bihar Staff Selection Commission (hereinafter referred to as the ‘Commission’) to take steps to conduct interview for the petitioners to fill up the vacancies notified vide Advertisement No. 08010116 published on
06.05.2016.
Brief facts and case of the petitioners The petitioners pray that a direction be issued to the respondent authorities to consider the petitioners for appointment against the 276 posts of Sanitary Inspector after evaluating the petitioners in interview. The grievance of the petitioners is that as against 276 posts,130 were called for counselling but finally only 29 candidates have been declared successful and the petitioners have been excluded from the zone of consideration. The challenge their exclusion at the stage of interview is a malafide and arbitrary action of the respondents.
5. Some of the petitioners (petitioners of CWJC No.
2049 of 2022) moved this Court earlier for quashing of the result dated 19.08.2021 published by the Commission in C.W.J.C. No. 16451 of 2021 which was disposed of vide order dated 15.01.2022 by this Court granting liberty to the petitioners to file a fresh petition while impleading proper and necessary parties in so far as challenge to the result is made. This Court held that for non-joinder of necessary and proper parties the present petition is not maintainable as the petitioners have questioned the validity of the result without impleading such of those persons, roll numbers mentioned.
6. Let it be recorded that in all these writ petitions the petitioners have taken a stand that they are not challenging the appointment of the 29 candidates but they are only looking for consideration of their own names for appointment against the vacant posts which relief may be granted to the petitioners without interfering with the result of the 29 successful candidates. This Court has recorded this stand of the petitioners in it’s order dated 11.05.2023. For this reason, the petitioners have not raised any issue with respect to the 29 selected candidates.
7. It is the case of the petitioners that they having been declared successful in the written examination were called to participate in the counselling which was scheduled on 27.08.2020 and 28.08.2020. The writ petitioners participated in the counselling. They submitted all the documents mentioned in the notice as contained in Annexure ‘P5’ to the writ application but they were not called for interview. Only 130 candidates had cleared the written examination against the vacancies advertised by the Commission. Out of which only 29 candidates were called for interview against 276 vacancies of Sanitary Inspector. Later on all the 29 candidates were declared successful and they have been appointed. The grievance of the petitioners is that the Commission did not disclose any reason for non-consideration of the petitioners at the stage of interview.
8. The petitioners claim that they have requisite qualification as per advertisement, as on the last date for submission of the application form they were at least Intermediate and have passed a Diploma in Sanitary Inspector course from an institute recognized by a Government. Details regarding educational qualifications have been furnished. Some of the petitioners are said to have got experience as Sanitary Inspector as having either worked or working in the Government Sector in Central Government or the State Government. They have passed their Diploma in Sanitary Inspector Course from an institute re
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
