Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7369 of 2013 ====================================================== 1. Upendra Singh Son Of Raghu Singh Resident Of Village - Dhanawa, P.S. - Daudnagar, District - Aurangabad 2. Pradeep Kumar Son Of Sri Ram Pati Singh Resident Of Village - Bishwambhar Bigha, P.S. - Daudnagar, District - Aurangabad 3. Sunil Kumar Son Of Sri Kipal Dev Ram Resident Of Village - Chouri, P.S. - Daudnagar, District - Aurangabad 4. Sanjay Kumar Son Of Harinandan Singh Resident Of Village - Bishwambhar Bigha, P.S. - Daudnagar, District - Aurangabad 5. Mahendra Singh Son Of Ram Dayal Singh Resident Of Village - Dhanawa, P.S. - Daudnagar, District - Aurangabad 6. Pramod Kumar Son Of Moti Lal Singh Resident Of Village - Tankupi, P.S. - Haspura, District - Aurangabad 7. Rajendra Prasad Son Of Late Ram Ishwar Yadav Resident Of Village - Ratanpur, P.S. - Haspura, District - Aurangabad .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General Of Police, Bihar, Patna 3. The Deputy Inspector General (Human Rights), Bihar, Patna 4. The Inspector General (Bihar Military Police) Bihar, Patna 5. The Chairman, Central Recuritment Board-Cum-Additional Inspector General Scrb, Bihar, Patna 6. The Chairman Central Regional Board No. - 1 Patna 7. The Chairman Central Regional Board No. - 2 Patna 8. The Chairman Central Regional Board No. -1 Patna 9. The Chairman Magadh Regional Board No. - 1 Gaya 10. The Chairman, Shahbad Regional Board No. - 1 Bhojpur 11. The Chairman, Koshi Regional, Madhepura 12. The Chairman, Tirhut Regional Board No. -1, Muzaffarpur 13. The Chairman North Division Board No. - 1, Bihar Military Police, Muzaffarpur 14. The Chairman, Saran Division Board, Chapra .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.7412 of 2013 ====================================================== 1. Pramod Kumar Nirala Son Of Sundeshwar Ray Resident Of Village- Lodipur, P.S.- Goraul, District- Vaishali 2. Govind Paswan Son Of Raj Kumar Paswan Resident Of Village- Araiya, P.S.- Mansi, District- Khagaria 3. Abhimanyu Sharma Son Of Ram Kishore Sharma Resident Of Village- Garsanda, P.S.- Ramgarh Chawk, District- Lakhisarai 4. Bipin Thakur Son Of Bhuneshwar Thakur Resident Of Village- Garsanda, P.S.- Ramgarh Chawk, District- Lakhisarai .... .... Petitioner/s
Legal Reasoning
Patna High Court CWJC No.7369 of 2013 (2) dt.03-05-2013 2/6 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, Muzaffarpur 4. The Chairman, District Selection Board, Police Department, Vaishali 5. The Chairman, District Selection Board, Police Department, Khagaria 6. The Chairman, District Selection Board, Police Department, Sheikhpura 7. The Chairman, District Selection Board, Police Department, Nalanda 8. The Chairman, District Selection Board, Police Department, Gaya 9. The Chairman, District Selection Board, Police Department, Patna 10. The Chairman, District Selection Board, Police Department, Nawada 11. The Chairman, District Selection Board, Police Department, Munger 12. The Chairman, District Selection Board, Police Department, Begusarai 13. The Commandant B.M.P.- 8, Begusarai .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.7758 of 2013 ====================================================== 1. Pankaj Kumar Singh Son Of Yogendra Singh Resident Of Village - Jamalpur, P.O. Amnour, P.S. Marhawrah, District - Saran
Legal Reasoning
2. Sumant Kumar Singh Son Of Sri Tarak Nath Singh Resident Of Village + P.O. Meera Musehari, P.S. Chapra Muffasil, District - Saran 3. Rakesh Kumar Singh Son Of Sri Tapeshwar Singh Resident Of Village - Aalekh Tola, P.O. Gariba Tola, P.S. Riwilganj, District - Saran 4. Rajiv Kumar Singh Son Of Kameshwar Singh Resident Of Village - Nautan Mathiya, P.O. + P.S. Amnour, District - Saran 5. Balbir Kumar Singh Son Of Bindeshwari Singh Resident Of Village - Bishwambhar Chapra, P.O. + P.S. Amnour, District - Saran 6. Prem Kumar Singh Son Of Sri Basant Singh Resident Of Village - Gosi Amnour, P.O. + P.S. Amnour, District - Saran 7. Swami Sharan Tiwari Son Of Sri Nagnarayan Tiwari Resident Of Village - Gosi Amnour, P.O. + P.S. Amnour, District - Saran 8. Sanjeev Kumar Son Of Satyadeo Singh Resident Of Village - Narauni Tola, P.O. + P.S. Amnour, District - Saran 9. Rajiv Pratap Singh Son Of Sri Maesh Prasad Singh Resident Of Village -Rasenchak Dumari Bujurg, P.O. Dumari Bujurg, P.S. Nayaagaon, District - Saran .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Govt. Of Bihar, Patna 2. The Director General Of Police Bihar, Patna 3. The Deputy Inspector General ( Human Rights ) Bihar, Patna 4. The Chairman Police Selection Board, Vaishali 5. The Chairman Police Selection Board, Patna 6. The Chairman Police Selection Board, Muzaffarpur 7. The Chairman Police Selection Board, Chapra ( Saran ) 8. The Chairman Police Selection Board,B.M.P.-5 Patna High Court CWJC No.7369 of 2013 (2) dt.03-05-2013 3/6 9. The Chairman Police Selection Board, B.M.P. - 10 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.8993 of 2013 ====================================================== Parma Nand Ram S/O Muneshwar Ram Resident Of Village - Musiya, P.O. - Bagadhi, P.S. - Ramgarh, District - Kaimur At Bhabua (Bihar) .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna 2. The Director General Of Police, Bihar, Patna 3. The Deputy Inspector General, Bihar, Patna 4. The Inspector General (Bihar Military Police) Bihar, Patna 5. The Chairman , Central Recruitment Board-Cum-Additional Inspector General, Bihar, Patna 6. The Chairman, Mithila Range, Board No. 2, S.S.P Darbhanga 7. The Magadh Range Board, The Chairman Cum S.P. Nawada 8. The Chairman Cum S.P. Nalanda 9. The Chairman, Cum S.P. Jehanabad .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.9005 of 2013 ====================================================== 1. Ashok Paswan Son Of Ram Chandra Paswan Resident Of Village - Kesharari, P.S. - Daudnagar, District - Aurangabad 2. Prem Ranjan Kumar Son Of Sri Kamlesh Tiwary Resident Of Village - Bharthua, P.S. - Aurai, District - Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General Of Police, Bihar, Patna 3. The Deputy Inspector General (Human Rights),Bihar, Patna 4. The Inspector General (Bihar Military Police), Bihar, Patna 5. The Chairman, Central Recruitment Board-Cum-Additional Inspector General SCRB, Bihar, Patna 6. The Chairman Central Regional Board No. -1 Patna 7. The Chairman Central Regional Board No. -2 Patna 8. The Chairman Central Regional Board No. - Patna 9. The Chairman Magadh Regional Board No. 1 Gaya 10. The Chairman, Shahbad Regional Board No. - 1 Bhojpur 11. The Chairman, Koshi Regional , Madhepura 12. The Chairman, Tirhut Regional Board No. - 1, Muzaffarpur 13. The Chairman North Division Board No. - 1, Bihar Military Police, Muzaffarpur 14. The Chairman, Saran Division Board, Chapra Patna High Court CWJC No.7369 of 2013 (2) dt.03-05-2013 4/6 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.9405 of 2013 ====================================================== Bijendra Kumar, S/o Shyamnandan Prasad, aged about 28 years, resident of Village Gularia Bigha, P.O. Sanda, P.S. Dhanarua, Dist. Patna. .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary cum Commissioner, Department of Home, Govt. of Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. The Deputy Inspector General (Human Rights) Bihar, Patna. 4. The Chairman, Central Recruitment Board cum Additional Inspector General, SCRB, Bihar, Patna. 5. The Chairman, Constable Selection Board, Board No.-3, Magadh Region, Gaya. 6. The Superintendent of Police, Hazipur. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 03-05-2013 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 Patna High Court CWJC No.7369 of 2013 (2) dt.03-05-2013 5/6 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 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 Patna High Court CWJC No.7369 of 2013 (2) dt.03-05-2013 6/6 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.” Rishi/- (Mihir Kumar Jha, J)