Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4863 of 2013 ====================================================== Md. Belal Ahmad, son of Md. Dilnawaz Ahmad, resident of Village Badhanaul, P.S. Dawath, Dist. Rohtas (Sasaram). .... .... Petitioner Versus 1. The State Of Bihar. 2. The Director General of Police, Bihar at Patna. 3. The Deputy Inspector General (Human Rights), Bihar at Patna. 4. The Inspector General (Bihar Military Police), Bihar at Patna. 5. The Inspector General of Police, Budget, Bihar at Patna. 6. The Chairman, Central Recruitment Board-cum-Additional Inspector General, S.C.R.B., Bihar at Patna. 7. The Chairman, Bihar Military Police-14, Bihar at Patna. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.8267 of 2013 ====================================================== Vijay Bahadur Yadav Son Of Kedar Yadav Resident Of Village - Nawadera, P.O. Purana Bhojpur, P.S. Dumaraon, District - Buxar Pin 802133 .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Director General Of Police Bihar, Patna 4. The Inspector General Of Police Darbhanga Zone, Bihar 5. The Superintendent Of Police, Samastipur, Bihar .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.7779 of 2013 ====================================================== 1. Mahtab Alam Khan Son Of Md. Lukman Khan Resident Of Village - Sonbarsa, P.S. Manjhi, District - Chapra ( Saran ) 2. Madan Kumar Paswan Son Of Rajayan Ram Resident Of Village - Indrath Khude, P.S. Bikramganj, District - Rohtas 3. Raju Kumar Son Of Lalan Paswan Resident Of Village - Hasanpur, P.S. Belaganj, District - Gaya 4. Pappu Kumar Son Of Bigan Paswan Resident Of Village - Chiraili Bazar, P.S. Khinjarsarai, District - Gaya 5. Harendra Kumar Singh Son Of Damodar Singh Resident Of Village - Koniya, P.S. Sono, District - Jamui 6. Arbind Kumar Singh Son Of Shyam Sunder Singh Resident Of Village - Koshofaraka, P.S. Sono, District - Jamui 7. Bimlesh Kumar Son Of Shyam Deo Sharma Resident Of Village - Main, P.S. Belaganj, District - Gaya 8. Navin Kumar Son Of Kishori Sharma Resident Of Village - Main, P.S.
Legal Reasoning
Patna High Court CWJC No.4863 of 2013 (3) dt.02-05-2013 2/6 Belaganj, District - Gaya .... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary Department Of Home, Government Of Bihar, Patna 2. The Director General Of Police, Bihar, Patna 3. The Chairman, District Selection Board, Police Department, Chapra ( Saran ) 4. The Chairman, District Selection Board, Police Department, Bhojpur ( Ara ) 5. The Chairman, District Selection Board, Police Department, Patna 6. The Chairman, District Selection Board, Police Department, Gaya 7. The Chairman, District Selection Board, Police Department, Sitamarhi 8. The Commandant B.M.P. - 5, Patna 9. The Chairman, District Selection Board, Police Department, Aurangabad 10. The Chairman, District Selection Board, Police Department, Nalanda 11. The Commandant B.M.P. - 11jamui 12. The Chairman, District Selection Board, Police Department, Begusarai 13. The Commandant B.M.P. - 8, Begusarai
Legal Reasoning
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.7279 of 2013 ====================================================== Surendra Kumar, son of Sri Nand Kishore Yadav, resident of Village Mahuabagh, P.S. Dulhin Bazar, Dist. Patna. .... .... Petitioner/s Versus 1. The State Of Bihar through the Director General of Police, Bihar, Patna. 2. The Deputy Inspector General (Human Rights) Bihar, Patna. 3. The Inspector General (Bihar Military Police), Bihar, Patna. 4. The Chairman, Police Selection Board, B.M.P.-5, Patna. 5. The Chairman, Police Selection Board, Patna. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6457 of 2013 ====================================================== Md. Furquan Ahmad, son of Md. Israr Ahmand, resident of Village Karwala Phulwarisharif, P.S. & P.O. Phulwarisharif, Dist. Patna. .... .... Petitioner/s 1. The State Of Bihar through the D.G.P., Bihar, Patna. 2. The Central Selection Board (Constable Recruitment) Bihar, Patna. 3. The Chairman of the Central Selection Board (Constable Recruitment), Versus Bihar, Patna. 4. The Secretary, Central Selection Board (Constable Recruitment), Bihar, Patna. Patna High Court CWJC No.4863 of 2013 (3) dt.02-05-2013 3/6 5. The D.I.G. Administration, Bihar, Patna. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5975 of 2013 ====================================================== Md. Laique Alam, son of Md. Hasib Uddin, resident of Village Barahpura (Ramjan Ali Lane), P.S. Isachak, Dist. Bhagalpur. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, .... .... Petitioner/s Patna. 2. The Director General of Police, Bihar, Patna. 3. The Deputy Inspector General of Police, Bhagalpur. 4. The Superintendent of Police, Bhagalpur. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5406 of 2013 ====================================================== Ranjeet Prasad Sah, son of Sri Yogendra Prasad Sah, resident of Village Firozpur, P.O. Pachrukhi, P.S. Bheldi, Dist. Saran. .... .... Petitioner/s 1. The State Of Bihar. 2. The Director General of Police, Police Head Quarter, Old Secretariat, Versus Patna, Bihar. 3. The Chairman, Police Selection Saran, Reginal Board, Saran. 4. The Chairman, Police Selection, Tirhut Regional Board No.-1, Muzaffarpur. 5. The D.I.G., Muzaffarpur. 6. The D.I.G., Saran. 7. The Superintendent of Police, Muzaffarpur. 8. The Superintendent of Police, Saran. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5959 of 2013 ====================================================== Chhote Lal Prasad, son of Sri Lal Babu Prasad, resident of Village+P.O. Molanapur, P.S. Basantpur, Dist. Siwan. .... .... Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Home Commissioner, Bihar, Patna. 3. The D.G. of Police, Bihar, Patna. 4. The Chairman Constable Selection Board, Motihari. 5. The Chairman Constable Selection Board, Siwan. 6. The Chairman Constable Selection Board, B.M.P. 6, Muzaffarpur. .... .... Respondent/s ====================================================== Patna High Court CWJC No.4863 of 2013 (3) dt.02-05-2013 4/6 CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 02-05-2013 Heard counsel for the parties. Having regard to the submission made by the learned counsel for the petitioners and not opposed by the learned counsel for the State that these cases are squarely covered by the order of this Court dated 29.4.2013 in C.W.J.C. No. 126/2013, these writ applications are also disposed of in the same terms, wherein this
Decision
Court has disposed of the aforementioned writ application with the following observations and directions: “(i) The prayer of the petitioner for being appointed on the post of constable on the basis of 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. Patna High Court CWJC No.4863 of 2013 (3) dt.02-05-2013 5/6 (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 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 Patna High Court CWJC No.4863 of 2013 (3) dt.02-05-2013 6/6 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.” (Mihir Kumar Jha, J) Rishi/-