Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14041 of 2013 ====================================================== 1. Nand Lal Yadav Son Of Matawar Yadav Resident Of Village - Bakhri, P.S. Chayanpur, District - Siwan 2. Srawan Kumar Son Of Kameshwar Prasad Resident Of Village - Charihari, P.S. - Seikhpura, District - Sheikhpura 3. Sunil Kumar Son Of Kameshwar Prasad Resident Of Village - Charihari, P.S. - Seikhpura, District - Sheikhpura 4. Mahesh Paswan Son Of Sri Baran Paswan Resident Of Village - Deodha, P.S. - Deepnagar, District - Nalanda 5. Rakesh Kumar Son Of Sri Ram Chandra Mahto Resident Of Village - Lakhanchan Kali Asthan, P.S. - Mokama, District - Patna 6. Nawal Kumar Ojha Son Of Devendra Nath Ojha Resident Of Village - Saroundha, P.S. - Dumraon, District - Buxar 7. Ram Babu Prasad Son Of Dadan Prasad Resident Of Village - Kushalpur, P.S. - Dumraon, District - Buxar 8. Binit Kumar Prasad Son Of Baidyanath Prasad Resident Of Village - Pachokhar, P.S. - Ander, District - Siwan 9. Dilip Kumar Yadav Son Of Sri Narsingh Yadav Resident Of Village - Chitauli, P.S. - Sishwa, District - Siwan 10. Sanjay Kumar Yadav Son Matibar Yadav Resident Of Village - Nawalpur, P.S. Sishwa, District - Siwan 11. Rangila Singh Yadav Son Of Sri Shiv Prasan Singh Yadav Resident Of Village - Gopaldera, P.S. Dumraon, District - Baxur 12. Mithilesh Paswan Son Of Sri Ganga Paswan Resident Of Village - Mokama Sikhari Chak Panch Mahla, P.S. - Mokama, District - Patna 13. Azad Kumar Son Of Sri Rajendra Paswan Resident Of Village - Saharsa, Ward No. 13, P.S. - Saharsa, District - Saharsa 14. Umesh Kumar Yadav Son Of Shyam Lal Yadav Resident Of Village - Jauhidiyar, P.S. - Brahmpur District - Baxur 15. Santosh Kumar Singh Son Of Tribhuwan Singh Resident Of Village - Kushalpur, P.S. - Dumraon, District - Baxur 16. Kushum Kumari W/O Mahesh Kumar Resident Of Village - Babbichak, P.S. - Sahjahanpur, District - Patna 17. Raju Kumar Yadav Son Of Ram Niwas Yadav Resident Of Village - Shivpur Diar (Pakritar) P.S. Simri, District - Baxur 18. Shailendra Kishore Son Of Musafir Choudhary Resident Of Village - Lakshmipur, P.S. - Sanjhauli, District - Rohtas 19. Umesh Singh Son Of Sri Indal Singh Resident Of Village - Bokna, P.S. - Sanjhauli, District - Rohtas 20. Pramod Kumar Son Of Sri Lalan Ram Resident Of Village - Bokna, P.S. - Sanjhauli, District - Rohtas 21. Sanjay Paswan Son Of Late Arjun Paswan Resident Of Village - Budhanpur, P.S. Barh, District Patna Versus 1. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna 2. The D.G. Of Police Bihar, Patna 3. The Chairman Constable Selection Board Seikhpura District - Seikhpura 4. The Chairman Constable Selection Board Nawada, District - Nawada .... .... Petitioners 2 Patna High Court CWJC No.14041 of 2013 (2) dt.29-08-2013 2 / 4 5. The Chairman Constable Selection Begusarai, District - Begusarai 6. The Chairman Constable Selection Board B.M.P. -5 Patna 7. The Chairman Constable Selection Board, Patna 8. The Chairman Constable Selection Board Siwan, District - Siwan 9. The Chairman Constable Selection Board B.M.P. -20 Dumraon, District - Baxur 10. The Chairman Constable Selection Board Saran, District - Saran 11. The Chairman Constable Selection Board Saharsa District - Saharsa 12. The Chairman Constable Selection Board Nalanda, District - Nalanda 13. The Chairman Constable Selection Board Jamui, District Jamui 14. The Chairman Constable Selection Board Bhojpur, District - Bhojpur 15. The Chairman Constable Selection Board B.M.P. 2 Dehri 16. The Chairman Constable Selection Board, Gaya , District - Gaya 17. The Chairman, Constable Selection Board Rohtas District - Rohtas 18. The Chairman Constable Selection Board, Lakhisarai, District - Lakhisarai 19. The Chairman Constable Selection Board Samastipur District .... .... Respondents ====================================================== Appearance : For the Petitioners : M/s Ebrahim Kabir, Kumar Rajeev & Shruti Sinha, Advocates
Legal Reasoning
Mr. Shruti Sinha For the State : Mr. Pankaj Kumar Pankaj, A.C. to G.P. 23 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 29-08-2013 Heard. It is submitted on behalf of the parties that this case can be disposed of in terms of order dated 29.4.2013 passed in C.W.J.C. No. 5452 of 2013 (Ajay Kumar & ors Versus The State of Bihar & ors.) and the order dated 18.7.2013 passed in C.W.J.C. No 11773 of 2013. Accordingly, this writ application is also being
Decision
disposed of in terms thereof reproduced as under: “(i) The prayer of the petitioner for being appointed on the post of constable on the basis of 3 Patna High Court CWJC No.14041 of 2013 (2) dt.29-08-2013 3 / 4 process of selection undertaken in terms of advertisement no. 1/2004, 2/2004 and 3/2004 has to be considered only against 507 post of Constable as identified by the respondents in their supplementary counter affidavit inasmuch as now only 507 posts alone shall be filled up on the basis of Advertisement Nos. 1/2004, 2/2004 and 3/2004 by the respective Recruitment Board from amongst the candidates who had appeared in such selection and were also declared eligible and successful in all respect. (ii) Each Recruitment Board will notify the breakup number of 507 vacancies already filled up or sought to be filled up and the cut-off marks of the respective category on which the appointments have been or will be made pursuant to the directions of the Division Bench in the case of Ajay Kumar (supra). This exercise must be completed by Chairman of Respective Recruitment Board within a period of one month from the date of receipt of this order. (iii) Any of the applicant who had participated in the selection process of Advertisement no. 1/2004, 2/2004 and 3/2004 and had been declared eligible and successful, on finding himself to be eligible on the basis of marks secured by him earlier pursuant to the earlier selection made in terms of those Advertisement Nos. 1/2004, 2/2004 and 3/2004 and also discovered from the aforesaid notification of the respective Recruitment Board that anyone in his/her category having either the same marks or less than him or her has been appointed against 348 posts after 28.6.2011 in terms of the directions given by this Court in the case of Ajay Kumar (supra) will be at liberty to file his representation to the Chairman of the respective Recruitment Board within a period of one month from the date of issuance of the 4 Patna High Court CWJC No.14041 of 2013 (2) dt.29-08-2013 4 / 4 notification of the concerned Recruitment Board giving full details of his claim for such appointment and those representations will be disposed of by a speaking order by the Chairman of the respective Recruitment Board within a period of three months from the date of receipt of such representation. (iv) Such consideration by the Chairman of the Recruitment Board will be however confined only to fresh appointment to be made on those 507 posts in terms of the direction given by the Division Bench in the case of Ajay Kumar (supra). In other words, the earlier appointment made prior to 28.6.2011, the date on which Division Bench of this Court had issued directions in the case of Ajay Kumar (supra), on the basis of advertisement Nos. 1/2004, 2/2004 and 3/2004 as well as Advertisement Nos. 1/2009 and 2/2009 in respective districts/ Battalions shall not be reopened. (v) The exercise of filling up of remaining of 507 posts of constables, out of which 348 appointments have already been made, must be completed strictly on merit within a period of six months from today and thereafter any of the 507 vacancies which could not be filled up on account of non-availability of the candidates of the respective category will be filled up only on the basis of a fresh advertisement.” Sanjay-II/- (Dr. Ravi Ranjan, J)