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Patna High CourtL.P.A/50/2020dismissed

Santosh Ram v. The State Of Bihar

2021-02-18The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.50 of 2020 In Civil Writ Jurisdiction Case No.979 of 2019 ====================================================== Santosh Ram son of Late Narayan Ram Resident of Village- Habbupur, P.O.- Rajpur, P.S.- Rajpur, Dist.- Rohtas.

...Petitioner ... Appellant/s

Versus

1.

The State of Bihar the Home Secretary, Department of Home Ministry, Patna, Bihar.

2.

The Secretary, Staff Selection Commission, Patna. 3.

The Inspector General of Police, Police Head Quarter, Patna. 4.

The Deputy Inspector General of Police, Sahabad Region, Dehri-on- Sone. ... Respondents ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kulanand Jha, Advocate For the Respondent/s :

Mr. P. K. Verma ( Aag3 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 18-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Aggrieved by the judgment and order dated 18.12.2019 passed in C.W.J.C. No.979 of 2019 passed by learned Single Judge of this Court dismissing the writ petition, the appellant has preferred this appeal.

In response to advertisement no.704/2004 for appointment on the post of Police Sub-Inspector, petitioner had applied and passed the physical examination, however, the

Patna High Court L.P.A No.50 of 2020 dt.18-02-2021 2/3 examination was subsequently cancelled.

The said selection process had given rise to series of litigations before this Court as well as before the Apex Court. The Apex Court in the order dated 01.11.2018 passed in CONMT. PET.(C) No.1711/2018 in CONMT. PET.(C) No.22/2018 in C.A. No.2805 2017 held as under:- "Mr. M. Soheb Alam, learned counsel, appears for the State and Mr. Arun K. Sinha, learned counsel, appearing for Bihar Staff Selection Commission, submit that Order dated 24th October, 2018 has been complied with. Mr. M. Shoeb Alam has filed Compliance Affidavit on behalf of Director General of Police, Bihar on 31st October, 2018. Compliance Report filed by Mr. Arun K. Sinha on behalf of the Chairman of the Bihar Staff Selection Commission today before the Court is also taken on record. Mr. P.S. Patwalia, learned senior counsel appearing for the applicants, submit that 133 candidates have been appointed and order passed by this Court, as above, has been complied with by the State.

In view of above, we do not find any reason to continue with the contempt proceedings any more. Mr. S. Nagamuthu, learned senior counsel, and other counsel appearing for some of the intervenors/applicants, pray for the same relief which is granted to 133 candidates.

The said applicants are free to make representations appealing to the good conscience of the State of Bihar. The State of Bihar is free to consider the same and pass appropriate orders in accordance with law. In case such representations are made by the intervenors/applicants within one month from today, appropriate orders may be

Patna High Court L.P.A No.50 of 2020 dt.18-02-2021 3/3 passed by the State on those representations within three months thereafter.

However, we make it clear that even if their representations are rejected, it will not give rise to any proceedings/appeal in any of the courts.

Any representations already filed shall also be disposed of within four months from today."

Appellant was neither applicant nor intervenor before the Apex Court, as such, he cannot derive any benefit from said order which were confined to intervenors only. Even the time limit of one month granted by Apex Court has expired much before.

This Court does not find any error or infirmity in the order passed by learned Single Judge and, accordingly, this LPA is dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2021 Transmission Date NA