Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12773 of 2013 ====================================================== 1. Sanjay Kumar Son Of Bhubneshwar Lal Das Resident Of Village - Balour, P.S. Manigachi, District - Darbhanga. At Present Govt. Q. No. -2/B. Damuchak, Mujaffarpur Town - 842001 2. Ravi Shankar Singh Son Of Rajendra Singh Resident Of Village - Gundi, P.S. - Krishnagarh (Saraiya) District - Bhojpur. At Present - Kathipool, Suga Mandir, Mujaffarpur Town - 842001 3. Kumar Pankaj Son Of Parmeshwar Singh Resident Of Village - Jadopur, P.S. - Muffasil (Ara) District - Bhojpur, At Present - North Mandiri, P.S. - Budha Colony District - Patna 4. Kumar Chandan Son Of Parmeshwar Singh Resident Of Village - Jadopur, P.S. - Muffasil (Ara) District - Bhojpur, At Present - North Mandiri, P.S. - Budha Colony District - Patna 5. Sumit Kumar Son Of Ahsok Kumar Poddar Resident Of Damuchak, Govt. Q. No. 19/1 Mujaffarpur Town - 842001 6. Ravi Kumar Son Of Late Ramlagan Paswan Resident Of Mohalla - Rasulpur Zilani, Opposite St. Marry School, Lelin Chowk, Mujaffarpur, P.S. - Kaji Mohmadpur, District - Mujaffarpur 7. Haresh Yadav Son Of Basdeo Yadav Resident Of Village - Rampur Kodahara, P.S. - Dokti, District - Balia (U.P.) 8. Om Prakash Yadav Son Of Bhikhari Yadav Resident Of Village - Rampur Kodahara, P.S. - Dokti, District - Balia (U.P.) 9. Namo Narayan Yadav Son Of Sheojanam Yadav Resident Of Village - Rampur Kodahara, P.S. - Dokti, District - Balia (U.P.) 10. Parshuram Kumar Yadav Son Of Bhuneshwar Yadav Resident Of Village - Rampur Kodahara, P.S. - Dokti, District - Balia (U.P.) 11. Saroj Kumar Yadav Son Of Sheojee Yadav Resident Of Village - Tola Nourang Rai (Sukrauli), P.S. - Dokti, District - Balia (U.P) 12. Pintu Kumar Yadav Son Of Jairam Yadav Resident Of Village - Tola Nourang Rai (Sukrauli), P.S. - Dokti, District - Balia (U.P) .... .... Petitioners Versus 1. The State Of Bihar, through Director General of Police 2. The Director General of Police, Bihar, Patna, 3. The Deputy Inspector General of Police [Human Rights] Bihar, Patna, 4. The Inspector General [Bihar Military Police] Bihar, Patna, 5. The Chairman, Central Recruitment Board-cum-Addl. Inspector General of Police, S.C.R.B. Bihar, Patna, 6. The Chairman, Recruitment Board, Patna, 7. The Chairman, Recruitment Board, Darbhanga, 8. The Chairman, Recruitment Board, Muzaffarpur, 9. The Chairman, Recruitment Board, Bhojpur [Ara] 10. The Chairman, Recruitment Board, Chapra, 11. The Commandant, B.M.P.-5 12. The Commandant, B.M.P. 20…. .... .... Respondents ====================================================== Appearance : 2
Facts
Patna High Court CWJC No.12773 of 2013 (2) dt.25-07-2013 2 / 5
Legal Reasoning
by this Court in the order dated 18.7.2013 passed in C.W.J.C. No 11773 of 2013. Accordingly, this writ application is also being
Arguments
For the Petitioners : Mr. Umesh Kr. Singh, Advocate For the State : Mr. M. Nath Roy, A.C. to S.C.25 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 25-07-2013 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.) which has also been followed
Decision
disposed of in terms thereof which is reproduced as under: “(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 3 Patna High Court CWJC No.12773 of 2013 (2) dt.25-07-2013 3 / 5 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 4 Patna High Court CWJC No.12773 of 2013 (2) dt.25-07-2013 4 / 5 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 5 Patna High Court CWJC No.12773 of 2013 (2) dt.25-07-2013 5 / 5 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)