Patna High Court
Case Details
Patna High Court CWJC No.5090 of 2013 (5) dt.29-04-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5090 of 2013 ====================================================== 1. Vikash Kumar Singh S/O Shadeo Singh R/O Village- Baijnathpur, P.S- Mohanpur, District- Deoghar. 2. Sanjay Kumar Singh S/O Sri Jai Kishun Singh R/O Village- Dhauoma, P.S- Awtar Nagar, District- Saran. 3. Shivakant Giri S/O Ramasish Giri R/O Village- Bandhu Barawa, P.S- Ramgarhwa, District- East Champaran. 4. Dhiraj Kumar Singh S/O Sri Harichandra Singh R/O Village- Bandhu Barawa, P.S- Ramgarhwa, District- East Champaran. 5. Kamla Kishore Singh S/O Samarjeet Singh R/O Village- Bhadayan, P.S- Arah Muffasi, District- Bhojpur. 6. Gautam Sah S/O Late Ram Janam Sah R/O Village- Banwanipur, P.S- Dighwara, District- Saran. 7. Shyam Kumar Sahni S/O Mundrika Sahni R/O Village- Balwahiyan, P.S- Dariyapura, District- Saran. 8. Yogendra Sharma S/O Mithlesh Sharma R/O Village- Koeri Bigha, P.S- Belaganj, District- Gaya. 9. Ranjeet Kumar S/O Murari Prasad Thakur R/O Village- Koeri Bigha, P.S- Belaganj, District- Gaya. 10.Anil Kumar S/O Ram Suresh Yadav R/O Village- Barki Naini Jor Sunder Tola, P.S- Naini Jor District- Buxar. 11.Dilip Kumar Manjhi S/O Ambika Manjhi R/O Village- Manupur Jhangir, P.O- Mirpur Juaru, P.S- Doregaj, District- Chapra. 12.Pawan Kumar S/O Bharat Rai R/O Village- Kazipur, P.S- Dorigam, District- Saran. 13.Sanjeet Kumar S/O Sri Pusam Rai Village- Kajipur, P.S- Doriganj, District- Saran. 14.Ganga Kumar S/O Shambhnath Ojha R/O Village- Phulwariya, P.S- Garkha, District- Saran. 15.Jai Prakash Kumar Rai S/O Suresh Prasad Rai R/O Village- Sultanpur, P.S- Derni,District- Saran. 16.Pramod Kumar Singh S/O Tribhuban Singh R/O Village- Mirzapur Dighra, P.S- Atwarnagar, District- Saran. .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Home Department, Patna. 2. The Director General Of Police, Patna. 3. The Superintendent Of Police, Patna. 4. The Superintendent Of Police, Bagha. 5. The Superintendent Of Police, Siwan. 6. The Superintendent Of Police, Jehanabad. 7. The Superintendent Of Police, Vaishali 8. The Superintendent Of Police, Dharbhanga 9. Commandant B.M.P.-6, Muzaffarpur. 10. The Superintendent Of Police, Saran. 11. The Superintendent Of Police, Begusarai. 12. The Commandant, B.M.P. 5, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Respondent/s : Mr. G.S Prasad, GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER Patna High Court CWJC No.5090 of 2013 (5) dt.29-04-2013 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. (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,
Facts
Patna High Court CWJC No.5090 of 2013 (5) dt.29-04-2013 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
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 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 Patna High Court CWJC No.5090 of 2013 (5) dt.29-04-2013 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)