Research › Search › Judgment

Patna High Court · body

2021 DIGILAW 1018 (PAT)

Sanjay Kumar S/o Suryadeo Pd. Kushwaha v. State of Bihar

2021-10-27

A.M.BADAR, SANJAY KAROL

body2021
JUDGMENT : SANJAY KAROL, J. 1. The instant Letters Patent Appeal has been preferred against the judgment dated 10.03.2021 passed by a learned Single Judge of this Court in C.W.J.C. No. 18881 of 2019, titled as Sanjay Kumar and Others vs. State of Bihar and Others. 2. Learned counsel appearing for the parties pray that the present appeal be disposed of in terms of judgment dated 31st of January, 2020, passed by a Coordinate Bench of this Court in L.P.A. No. 571 of 2019, titled as Naresh Kumar and Others vs. State of Bihar and Others. 3. The judgment dated 31st of January, 2020, passed in L.P.A. No. 571 of 2019, titled as Naresh Kumar and Others vs. State of Bihar and Others, is reproduced, in toto, as under: “Heard learned counsel for the appellants, learned counsel for the State and learned counsel for the Commission. Counsel for the appellants submits that those 133 persons, who have been recruited, have been appointed after the order of Hon’ble Supreme Court as they have approached the Hon’ble Supreme Court, but, in fact, they have secured lesser marks then these appellants. It has been brought to our notice that the identical matter was taken into consideration by a coordinate Bench of this Court in L.P.A. No. 755 of 2019, vide order dated 17.07.2019, the Court has refused to entertain any such claim with regard to the selection pursuant to the advertisement of 2004. In the present cases, the issue is the same. The learned Single Judge has refused to reopen the matter on the ground that the issue now stands closed with the selection process having been completed long time back pursuant to advertisement of the year 2004. We do not find any difference with the fact of L.P.A. No. 755 of 2019 and the present case. In such view of the matter, we do not find any merit in these appeals and, accordingly, the same is dismissed.” 4. As jointly prayed for, the instant Letters Patent Appeal stands disposed of in terms of judgment dated 31st of January, 2021, passed in L.P.A. No. 571 of 2019, titled as Naresh Kumar and Others vs. State of Bihar and Others and the directions contained therein shall also govern the instant case mutatis mutandi, to the extent possible. 5. Interlocutory Applications, if any, shall stand disposed of.