Created by Fuzzy Cloud

Patna High Court

Shyam Sundar Yadav @ Shyam Sundar Prasad YadavversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as infructuous; no direction for appointment is issued.

Summary

The petitioner, Shyam Sundar Yadav, filed a writ petition seeking a direction to appoint him to a Group‑D post, claiming 1,806 days of relevant experience as per an advertisement dated 26‑27 October 2012. The selection process for the post had already been completed and other candidates were appointed. The petitioner did not challenge the selection process in the earlier contempt petitions (MJC No. 2950/2012 and MJC No. 3060/2012). The court held that, at this belated stage, it could not direct the respondents to appoint the petitioner, especially since he had not contested the selection. The petitioner was advised that he could still challenge the selection process if aggrieved. Consequently, the writ petition was dismissed as infructuous.

Issues considered

  • Can the court direct appointment to a post after the selection process has been completed?
  • Is the petitioner entitled to appointment on the basis of his claimed experience?
  • Is the writ petition maintainable when the petitioner has not challenged the selection process?

Subjects

  • appointment
  • Group-D post
  • experience certificate
  • selection process
  • writ petition
  • infructuous
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20625 of 2013
                 ======================================================
                 Shyam Sundar Yadav @ Shyam Sundar Prasad Yadav Son Of Sri Guli
                 Chandra Yadav @ Gulichandra Pd. Yadav Resident Of Village- Bharkahua,
                 P.O. P.S.- Barhat, District- Jamui

                                                                               ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar and Ors
           2.    The Principal Secretary-Cum-Commissioner, Administrative Personnel
                 Department, Bihar, Patna
           3.    The District Magistrate, Jamui
           4.    The Block Education Officer-Cum-Comptroler Kasturba Gandhi,
                 Residential School, Brahat Jamui, P.O. P.S. Barahat, District- Jamui

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Prakash Mahto
                 For the Respondent/s   :          Mr. Raghwendra Kumar, SC -22
                                                   Mr. Rajesh Roy
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                 CHAKRAVARTHY
                                       ORAL ORDER

5   09-01-2026                    1. Heard the Learned counsel for the

                   parties.

                               2. This Writ petition has been filed by the

                   petitioner for a direction to the respondents

                   especially           the        District      Magistrate,           Jamui/

                   respondent no. 3 to appoint the petitioner for the

                   post      of    Group-D           considering        his       experience

                   certificate of 1806 days under the district Jamui

                   pursuant        to       the     advertisement          published          on

                   26/27.10.2012,             in     the      light   of      order     dated
Patna High Court CWJC No.20625 of 2013(5) dt.09-01-2026
                                           2/3




          16.10.2012 passed in MJC No. 2950/2012 and MJC

          No. 3060/2012 and for grant of other reliefs to

          which the petitioner is entitled.

                      3.     The      main       contention   of   the    Writ

          petitioner is that he had 1806 days experience

          and, therefore, he has filed the present Writ

          petition for direction to the respondents for his

          appointment on the Group -D post.

                      4. Pursuant to the filing of the Writ petition,

          the selection process has been completed and

          some other persons were also selected for the said

          Group -D post. It appears that the petitioner has

          not challenged the selection process. Furthermore,

          from perusal of the orders passed in                      MJC No.

          2950/2012 and MJC No. 3060/2012, it is evident

          that based on the supplementary affidavit filed by

          the District Magistrate, Jamui, both the contempt

          petitions were disposed off. There were no such

          direction in the said contempt petition as prayed

          by the petitioner in the present Writ petition.

                      5.     Taking       into     consideration   that   the

          selection process has already been completed,
           Patna High Court CWJC No.20625 of 2013(5) dt.09-01-2026
                                                      3/3




                     there cannot be any direction to the respondents

                     to consider the case of the petitioner for his

                     appointment on the                     Group-D post at such a

                     belated        stage,       especially          when   he   has   not

                     challenged the selection process.

                                 6. However, if at all, the petitioner                  is

                     aggrieved by the action of the respondents, he is

                     at liberty to challenge the aforesaid selection

                     process.

                                 7. The Writ petition, therefore, is dismissed

                     as having become infructuous.



                                       (G. Anupama Chakravarthy, J)
sunilkumar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.