LAWS(PAT)-2013-11-52

SHUBHAM KUMAR Vs. BIHAR PUBLIC SERVICE COMMISSION

Decided On November 13, 2013
Shubham Kumar Appellant
V/S
BIHAR PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed by one Shubham Kumar, an applicant for appointment to the post of Assistant Engineer (Civil) in the Road Construction Department or the Public Health Engineering Department of the State of Bihar pursuant to Advertisement No. 2/2011. The learned Single Judge has, under order dated 27th August, 2013, referred the matter to the Division Bench. The matter at issue appears to be covered by the judgment of a Division Bench of this Court in the matter of Manas Kumar Sinha vs. Bihar Public Service Commission, 2010 2 PLJR 1008 . However, the learned Single Judge was of the opinion that in the matter of Manas Kumar Sinha , the Bench had not considered the judgment of the Hon'ble Supreme Court in the matter of Commr. of Income Tax, Bombay South, Bombay vs. Messrs Ogale Glass Works Ltd., Ogale Wadi, 1954 AIR(SC) 429 and the judgment of the Orissa High Court in the matter of Dr. Annada Prasad Pattnaik vs. State of Orissa & Ors., 1989 AIR(Ori) 130 . The learned Single Judge has, therefore, referred the matter to the Division Bench. The petition has thus been notified before us.

(2.) The matter at issue lies in a very narrow compass. Pursuant to the Advertisement No. 2/2011 published by the Bihar Public Service Commission (hereinafter referred to as 'the Commission'), the petitioner applied for the post of Assistant Engineer (Civil) under the State of Bihar. The last date for receipt of the applications was 23rd June, 2011. Applications were required to be sent either by Speed Post or by Registered Post. The petitioner has been non-suited on the ground that the application was not received by 23rd June, 2011, the last date for the receipt of the application. The petitioner was accordingly informed under the letter dated 26th June, 2012.

(3.) Feeling aggrieved, the petitioner has approached this Court under Article 226 of the Constitution.