Patna High Court
Case Details
Patna High Court CWJC No.4853 of 2013 (3) dt.29-04-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4853 of 2013 ====================================================== 1. Bablu Kumar Son Of Surendra Singh Resident Of Village- Makanpur, P.S.- Barasiliganj, District- Nawada 2. Girdhari Prasad Son Of Late Keshav Prasad Resident Of Village- Sukhare Ke Baradi, P.S.- Diyara, District- Rohtas 3. Rabindra Kumar Son Of Ramashish Prasad Resident Of Village- Prembigha, P.S.- Belaganj, District- Gaya 4. Ravi Ranjan Kumar Singh Son Of Yogendra Prasad Singh Resident Of Village- Raghunathpur, District- Buxar 5. Navin Kumar Son Of Arbind Kumar Singh Resident Of Village- Pachadha, P.S.- Hisua, District- Nawada 6. Amit Kumar Son Of Ramsagar Singh Resident Of Village- Gangata, P.O.- Chotashekhapura, P.S.- Naraghat, District- Nawada 7. Kishor Kumar Son Of Girja Singh Resident Of Village- Pachadha, P.S.- Hasuwa, District- Nawada 8. Hira Lal Ray Son Of Brijbihari Ray Resident Of Village- Ekwaniya, P.O.- Bharari, P.S.- Kochash, District- Rohtas 9. Pintu Kumar Son Of Vidyanand Yadav Resident Of Village- Nanaku Bihar, P.O.- Panari, P.S.- Belaganj, District- Gaya 10. Lal Babu Prasad Son Of Sitaram Prasad Resident Of Village- Prembigha, P.O. Pahari, P.S.- Belaganj, District- Gaya 11. Arvind Kumar Son Of Bhola Yadav Resident Of Village- Bhatu Bigha, P.O.- Pahari, P.S.- Belaganj, District- Gaya 12. Jitendra Uraon Son Of Badhanath Uraon Resident Of Village- Hariharpur, P.O. Gudhadi, P.S.- Govaradhana, District- Champaran 13. Durga Das Son Of Krishana Das Resident Of Village- Dhamouli, P.O.- Murgaon, P.S. Islampur District- Nalanda 14. Rajesh Kumar Son Of Rajendra Prasad Resident Of Village- Mozaffara, P.O.- Bardoih, District- Nalanda 15. Rajeev Ranjan Chandel Son Of Radha Raman Singh Resident Of Village- Karnauti, Baktiyarpur P.S. Baktiyarpur, District- Patna 16. Shiv Kumar Majhi Son Of Dharikhan Majhi Ma Resident Of Village- Dhupnagar, P.O.- Dhupnagar, P.S. Khaira District- Chapra 17. Pintu Kumar Son Of Mithelesh Prasad Singh Resident Of Village- Pachadha, P.S. Hisua, District- Nawada 18. Janak Ravidas Son Of Rajendra Ravidas Resident Of Village- Naughar, P.O.- Kanhaiyaganj, P.S. Ekangarsarai District- Nalanda 19. Abhish Kumar Son Of Ramlakhan Prasad Resident Of Village- Nanahak Bigha, P.S.- Belaganj, District- Gaya 20. Rajesh Kumar Son Of Shiv Prasad Resident Of Village- Narhi, P.O.- Dihuli, P.S. Dulhin Bazar, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2. The Director General Of Police Bihar, Patna 3. The Superintendent Of Police, Patna 4. The Superintendent Of Police, Nawada 5. The Superintendent Of Police, Rohtas Patna High Court CWJC No.4853 of 2013 (3) dt.29-04-2013 6. The Superintendent Of Police, Null Gaya 7. The Superintendent Of Police, Buxar 8. The Superintendent Of Police, Nalanda 9. The Superintendent Of Police, East Champaran 10. The Superintendent Of Police, Chapra, Saran
Legal Reasoning
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 Patna High Court CWJC No.4853 of 2013 (3) dt.29-04-2013 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. Ranjan/- (Mihir Kumar Jha, J)
Arguments
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Kumar Pandey, Adv. For the Respondent/s : Mr. Rajiv Kr Singh, GP-2. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03/ 29-04-2013 Heard learned counsel for the parties, who have submitted that this case is squarely covered by the reasoned order passed today in the leading case being C.W.J.C. No. 126 of 2013. 2. Thus in view of the order passed today in C.W.J.C NO. 126 of 2013 having an identical prayer this writ application is also disposed of with the same observations and directions namely:- (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. Patna High Court CWJC No.4853 of 2013 (3) dt.29-04-2013 (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