Prabhat Bharti vs Bihar State University Service Commission

P. B. Bajanthri, CJ

The appellant has assailed the order of the learned Single Judge dated 14.11.2024 passed in CWJC No. 13391 of 2024. It is a short order. It reads as under:-

“Heard learned counsel for the petitioners and respondents.

These writ applications have been filed for the following reliefs:-

(i). For issuance of an order, direction or a writ of mandamus for directing the respondent Bihar State University Service Commission to accept the experience  certificates  in favour of the petitioners duly countersigned by the Learned Registrar, Aryabhatta Knowledge University, the details whereof are as follows: -

(a) Experience certificate dated 12.01.2018 issued by Nalanda College of Engineering and experience certificate dated 28.02020 issued by Sitamarha Institute of Technology. Sitamarhi both issued in favour of the petitioner no. 1 and countersigned by the Learned Registrar, Aryabhatta Knowledge University 27.07.2024.

(b) Experience certificate dated 26.09.2020 issued by Bhagalpur College of Engineering and experience certificate dated 01.10.2020 issued by Katihar Engineering College both countersigned by the Learned Registrar, Aryabhatta Knowledge University on 19.02.2024, issued in favour of the petitioner no.2.

(ii). For issuance of an order, direction or an appropriate writ of mandamus for directing the respondent Bihar State University Service Commission to consider the aforesaid experience certificates for awarding marks under the heading for experience against advertisement dated 21.09.2020 issued by it for appointment on vacant post of Assistant Professor in different Universities and Constituent Colleges of the Education Department, Government of Bihar, Patna in so far as the recruitment in the subject of Chemistry is concerned.

(iii). For issuance of an order, direction or an appropriate writ for staying the further process of recruitment in the subject of Chemistry against advertisement dated 21.09.2020 issued by the Bihar State University Service Commission during the pendency of the present writ application or for directing the respondents to keep two posts in the subject of Chemistry vacant until disposal of these writ applications.

The issues raised in these writ applications are no more res integra, as these issues were already decided by the Division Bench of this Court in L.P.A. No. 653 of 2024 in C.W.J.C. No. 16795 of 2023 dated 06.09.2024.

Mr. Kumar Kaushik, learned counsel appearing on behalf of the petitioners accepts this fact that L.P.A. No. 653 of 2024 has been decided against the persons having identical issues in the writ application akin to that of the writ petitioners herein.

Accordingly, I do not find any merit in these applications. The same stands dismissed.”

Perusal of the same, it is evident that learned Single Judge has relied on a decision dated 06.09.2024 passed in LPA No. 653 of 2024. In this regard, appellant, if he is distinguishing LPA decision, in that event, appellant has a remedy of filing Civil Review and not the present LPA.

Accordingly, the present LPA stands disposed of reserving liberty to the appellant to file Civil Review, if he wants to distinguish the decision in LPA No. 653 of 2024.