RAJESH KUMAR JAISWAL SON OF JAI NARAIN JAISWAL Vs. STATE OF BIHAR
LAWS(PAT)-2021-3-13
HIGH COURT OF PATNA
Decided on March 16,2021

Rajesh Kumar Jaiswal Son Of Jai Narain Jaiswal Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

Rajeev Ranjan Prasad, J. - (1.) This writ application has been preferred invoking the extraordinary jurisdiction of this Court under Article 226 and 227 of the Constitution of India with the following prayers: "i. For issuance of an appropriate writ/order/direction, including a writ in the nature of certiorari quashing and setting aside the order dated 29.10.2018 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 3165(C)/2015 by which he has by a common order rejected the applications dated 5.1.2018, 10.4.2018, 4.5.2018, 15.5.2018, 10.7.2018, 25.7.2018 & 8.8.2018 filed by the petitioner; and/or ii. For issuance of an appropriate writ/order/direction, including a writ in the nature of certiorari quashing and setting the application dated 14.12.2017 filed by the SHO, Sachivalaya P.S. (Respondent No.4) in the court of learned Chief Judicial Magistrate, Patna by which he has erroneously returned the Complaint Case No. 3165(C)/2015 under Section 157-1(b) of the Code of Criminal Procedure; and/or iii. For issuance of an appropriate writ/order/direction, including a writ in the nature of mandamus directing the learned Chief Judicial Magistrate, Patna to decide the applications dated 29.10.2018 & 29.11.2018 filed by the petitioner in accordance with law; and/or iv. For issuance of an appropriate writ/order/direction, including a writ in the nature of mandamus directing a fair investigation pursuant to the registration of First Information Report as directed by the Court of learned Chief Judicial Magistrate, Patna vide its order dated 31.10.2015 whereby the learned Magistrate owing to the facts, circumstances and nature of the offence alleged in the complaint Case No. 3163(C)/2015 transferred the said complaint for investigation to the concerned police station under Section 156(3) of Code of Criminal Procedure; and/or v. For issuance of an appropriate writ/order/direction to the Officer-in-Charge/Station House Officer of the Sachivalaya Police Station, Patna for registration of first information report under Sections 166, 167, 420, 467, 468, 120B/34 of the Indian Penal Code in compliance of the order dated 31.10.2015 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 3165(C)/2015; and/or vi. For issuance of an appropriate order/direction to the Respondent Nos. 2 & 3 to punish the erring officers for deliberate violation of a judicial order; and/or vii. Any other relief to which this Hon'ble Court deems the petitioner entitled to." Brief facts of the case
(2.) The petitioner, who is the complainant before the learned Chief Judicial Magistrate, Patna has alleged that in the 47th Combined (P.T.) Examinations held in the year 2004 in which he had appeared along with thousands of other candidates, the result was published in utter violation of the provisions as contained in Section 4 of the Bihar Reservation of Vacancies in the Post and Services (For Scheduled Caste, Scheduled Tribes and other Backward Classes) Act, 1991 as Amended by an Act of 1994 (hereinafter referred to as the 'Act of 1991').
(3.) It is his grievance that the cut off marks of both the Category-5 i.e. other backward castes and the general candidates were identical i.e. 99, according to him, not even a single candidate of backward caste i.e. Category-5 was shortlisted from their own category. The complainant claims that by not shortlisting any candidate from Category 5 the Penal provisions of the Act of 1991 were attracted. According to him, with regard to the issue of denial of reservation to the backward castes a starred question was raised in the Legislative Assembly of the State to which a reply was given by the Hon'ble Chief Minister as Incharge Minister of Department of Personnel, Government of Bihar on the advice and report of the then Secretary, Department of Personnel.;


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