IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.730 of 2011 In Civil Writ Jurisdiction Case No. 5888 of 1994 ====================================================== Arvind Kumar S/o Sita Ram Paswan, Resident of village- Chota Bariyarpur, P.S. Chatauni, District East Champaran …Petitioner .... Appellant/s Versus 1. The State Of Bihar through Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 2. The Commissioner- cum- Secretary, Department of Excise and Prohibition, Government of Bihar, Patna 3. The Bihar Public Service Commission through its Chairman Nehru Marg, Patna 4. The Secretary, Bihar Public Service Commission, Bihar, Nehru Marg, Patna ….Respondents .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dhannjay Kumar, Advocate For the State : Mr. Tej Bahadur Singh, AAG 7 Mr S.P.Pathak, AC to AAG 7 For the BPSC : Mr Md. Nadim Seraj, Advocate ====================================================== 7 17-11-2011 Heard the parties. By the order under appeal dated 25.2.2011, the learned Writ Court has dismissed writ petition bearing CWJC No.5888 of 1994. The claim of the writ petitioner/ appellant herein was based upon a revised list or recommendation made by the Bihar State Subordinate Service Selection Board on 4.3.1992 in which petitioner was shown to have obtained 174 marks. The contention of the petitioner was that persons having secured lesser marks but included in the list of successful candidates published by the Board on 11.7.1991, had been taken into service and hence, petitioner Patna High Court LPA No.730 of 2011 (7) dt.17-11-2011 2 was also entitled for appointment on account of Board having rectified its mistake subsequently in March 1992. On the face of it the submission appears to be attractive but the history of the Board as noted by the Apex Court in Civil Appeal No.14753 of 1996, disposed of on 22.11.1996 makes it absolutely clear that after the Board was abolished by the State Government on 22.10.1991 it had no business to publish further list of successful candidates. The Supreme Court took notice of allegations of large scale bungling against the Board which were found true on enquiry by Sri S. N. Biswas, Commissioner and Secretary, Department of Personnel, Government of Bihar, who was entrusted with such enquiry by the State Government. The Apex Court in the aforesaid Civil Appeal preferred by the Bihar Public Service Commission invalidated further revised list of 233 persons published by the Board in February 1992. Relying upon the aforesaid judgment and views of the Apex Court, a Division Bench of this Court negatived large number of similar claims raised through analogous writ petitions by judgment and order dated 1.7.1997 rendered in CWJC No.5340 of 1995 (Atulya Kumar and another V. State of Bihar & ors.) and other analogous writ petitions. In fact, by order no.8 dated 26.9.1996 this writ petition Patna High Court LPA No.730 of 2011 (7) dt.17-11-2011 3 was admitted for hearing with CWJC No.7141 of 1991. That writ petition was disposed of on 23.3.1994 and this writ petition would have been disposed of without relief to the writ petition on that date itself but due to oversight or for some other reasons, it was not listed together with that writ case. Subsequently petitioners of CWJC No.7141 of 1991 sought a review of that judgment by preferring CWJC No.5884 of 1994 and that writ petition was also dismissed by the judgment and order dated 1.7.1997 passed in the case of Atulya Kumar & another, noticed above. In the facts and circumstances of the case noticed above, we find no merit in this appeal. It is accordingly dismissed. The office is directed to ensure that the writ petitions disposed of earlier along with the judgment of the Supreme Court are tagged to the original records and kept at proper place so that in future there may not be any difficulty in locating the records. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)