IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10163 of 2010 1. SHYAM KUMAR SINGH S/O LATE BAL MUKUND SINGH R/O VILL.- AMMAPALI, P.S.- PIRPAITI, DISTT.- BHAGALPUR, AT PRESENTLY POSTED AS PRIVATE SECRETARY TO THE DY. LEADER OF THE RULING PARTY IN THE LEGISLATIVE COUNCIL Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 3. THE SPECIAL SECRETARY DEPARTMENT OF GENERAL ADMINISTRATION, GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY DEPARTMENT OF GENERAL ADMINISTRATION, GOVT. OF BIHAR, PATNA 5. THE DIVISIONAL COMMISSIONER PATNA, DISTT.- PATNA 6. THE DISTRICT MAGISTRATE, KAIMUR AT BHABHUA, DISTT.- KAIMUR ----------- For the Petitioner:- Mr. Chitranjan Sinha, Sr. Adv. For the UPSC:- Mr. Kaushal Kumar Jha, Adv. For the State:- Mr. Awdesh Pandey, Adv. ------------------ 4. 21.06.2011 Heard learned counsel for the petitioner, the State and for the Union Public Service Commission. The Court in its order dated 16.11.2010 has observed as follows:- “The crux of the controversy is whether a grading as „average‟ awarded in his confidential roll for the years 2004-2005 and 2005-2006, operates as an adverse remarks to prejudice his consideration.” The petitioner, a member of the Bihar Administrative Service has been recommended by the State Government to the UPSC to be considered for promotion to the Indian Administrative Service. The State Government contends that a grading as “average” is not an adverse entry requiring communication to the 2 petitioner with right to represent. The name of the petitioner has been recommended to the UPSC. The UPSC is yet to consider his candidature. At this stage, the entire issue whether the grading operates to his prejudice or not is premature and speculative. Much shall depend on what decision the UPSC may take on the recommendation and for what reasons. If the petitioner is prejudiced by any decision of the UPSC, undoubtedly he shall have his right to vindicate his grievances afresh. A counter affidavit has been filed by the UPSC that the recommendation received by the State Government is under process. Considering that the matter appears to have been pending since long, the Court directs the UPSC to make such consideration and prepare the select list within a maximum period of four months from the date of receipt and/or presentation of a copy of this order, considering the nature of the constraint of the petitioner with regard to his age as noticed in the order of the Court dated 16.11.2010. The writ application stands disposed. P. Kumar (Navin Sinha, J.)