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Patna High CourtCWJC/3108/2025disposed

Ranjeet Kumar v. The State Of Bihar

2025-02-21Mr. Justice Arvind Singh Chandel8 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3108 of 2025 ====================================================== Ranjeet Kumar Son of Raj Kumar Mandal Resident of Vilage-Gangapur, P.S.- Sultanganj, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Home Department Government of Bihar, Patna.

2.

The Principal Secretary Home Department Government of Bihar, Patna. 3.

The Director General of Police, Home Department Government of Bihar, Patna.

4.

That District Magistrate Bhagalpur, District-Bhagalpur. 5.

The Commandant Home Guard Bhagalpur, District-Bhagalpur. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 731 of 2025 ====================================================== 1.

Dharmendra Kumar Mandal son of Ravindra Prasad Mandal, Resident of village- Bade Saidpur, P.S. and Block Jagdishpur, District - Bhagalpur. 2.

Dharmendra Kumar Yadav, Son of Mitto Prasad Yadav, Resident of villageTagepur, P.S. and Block Jagdishpur, District- Bhagalpur. 3.

Abhinandan Kumar Mandal, Son of Wakil Mandal, Resident of villageBade Hasahpur, P.S. and Block Jagdishpur, District- Bhagalpur. 4.

Bajrangi Uraon, Son of Butal Uraon, Resident of village- Banskitta, P.S. and Block Pirpainti, District- Bhagalpur.

5.

Jitendra Yadav, Son of Angad Yadav, Resident of village- Daulatpur, P.S. and Block Pirpainti, District- Bhagalpur.

6.

Prahlad Kumar @ Prahlad Kumar Roy, Son of Sushil Roy, Resident of village- Phulwaria, P.S. and Block Jagdishpur, District- Bhagalpur. 7.

Dipak Kumar, Son of Ajab lal Yadav, Resident of village- Fajilpur, P.S. and Block- Goradih, District- Bhagalpur.

8.

Akhilesh Kumar, Son of Umesh Chandra Thakur, Resident of villageBaluchak, P.S. and Block-Jagdishpur, District- Bhagalpur. 9.

Sanjeev Kumar, Son of Kamleshwari Kapri, Resident of village- Kola Khurd, P.S. and Block Jagdishpur, District- Bhagalpur. 10.

Sunil Sah, Son of Tetar Sah, Resident of village- Jagdishpur, P.S. and Block Jagdishpur, District- Bhagalpur.

11.

Vibhash Kumar, Son of Ram Chandar Prasad, Resident of village- Khutaha, P.S.- Lodipur Block Goradih, District- Bhagalpur. 12.

Gandhir Kumar, Son of Ajablal Yadav, Resident of village- Kamarganj, P.S. and Block Sultanganj, District- Bhagalpur.

2/8 13.

Rahul Raj @ Rahul Ranjan, Son of Dhaneshwar Prasad Yadav, Resident of village- Danda Bazar, P.S. and Block Goradih, District- Bhagalpur. 14.

Laddu Kumar @ Himanshu Kumar, Son of Arjun Yadav, Resident of villageDanda Bazar, P.S. and Block-Goradih, District- Bhagalpur. 15.

Gautam Kumar, Son of Bindeshwari Prasad, Resident of village- Kamarganj P.S. and Block Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Home Secretary, Government of Bihar Main Secretariat, Patna.

2.

The Home Secretary, Government of Bihar Main Secretariat, Patna. 3.

The Director General of Police, Home Guard, Main Secretariat, Patna. 4.

The District Magistrate, Bhagalpur, District- Bhagalpur. 5.

The Commandant Home Guard, Bhagalpur, District- Bhagalpur. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 886 of 2025 ====================================================== 1.

Anandi Yadav Son of Rupan Yadav, Resident of Village- Ramchandrapur, P.S. Goradih, District- Bhagalpur.

2.

Fulan Kumar Son of Santlal Yadav, Resident of Village- Khutaha, P.S. Lodipur (Goradih), District- Bhagalpur.

3.

Saranjan Kumar Son of Gariban Prasad Yadav, Resident of VillageKhutaha, P.S.- Lodipur (Goradih), District- Bhagalpur. 4.

Pritam Kumar Yadav Son of Gokhul Prasad Yadav, Resident of VillageKhutaha, P.S. Lodipur (Goradih), District- Bhagalpur. 5.

Sunil Kumar Son of Fekan Prasad Sah, Resident of Village- Vangaon Khutaha, P.S. Lodipur (Goradih), District- Bhagalpur. 6.

Niraj Kumar Son of Sikandar Prasad, Resident of Village- Bangaon Khutaha, P.S. Lodipur (Goradih), District- Bhagalpur. 7.

Rohit Kumar Son of Sirbal Pd. Sah @ Sirbal Sah, Resident of VillageBangaon Khutaha, P.S. Lodipur (Goradih), District- Bhagalpur. 8.

Ranjan Kumar Son of Jay Narayan Bhagat, Resident of Village- Kamalchak, P.S. Ishipur (Pirpainti), District- Bhagalpur. 9.

Dayanand Yadav Son of Rasiklal Yadav, Resident of Village- Kemachak, P.S. Amdanda (Sonhoula), District- Bhagalpur. 10.

Munna Kumar Son of Nakul Mandal, Resident of Village- Rani Diyara, P.S. Ekchari (Pirpaiti), District- Bhagalpur.

11.

Phantush Kumar Yadav Son of Babulal Yadav, Resident of VillageSuramauniya, P.S. Amdanda (Sonhoula), District- Bhagalpur. 12.

Sanjeev Kumar Sharma Son of Gobardhan Mandal, Resident of Village-

3/8 Ghuthyani, P.S. Amdanda (Sonhoula), District- Bhagalpur. 13.

Suresh Kumar Hembram Son of Shiv Kumar Hembram, Resident of VillageKajaha, P.S. Amdanda (Sonhoula), District- Bhagalpur. 14.

Shivnandan Kumar Singh Son of Bishwanath Prasad Singh, Resident of Village- Ratanpur, P.S. Amdanda (Sonhoula), District- Bhagalpur. 15.

Mukesh Kumar Yadav Son of Shiv Muni Yadav, Resident of VillageMadhuvan Tola, P.S. Pirpaiti, District- Bhagalpur. 16.

Avinandan Kumar Thakur Son of Shuv Narayan Thakur, Resident of Village- Chandpur, P.S.Pirpaiti, District- Bhagalpur. 17.

Santosh Kr. Yadav Son of Sitaram Pd. Yadav, Resident of Village- Baijani, P.S. Jagdishpur, District- Bhagalpur.

18.

Arbind Kumar Son of Sigeshwar Pd. Yadav, Resident of Village- Jagdishpur Block Jagdishpur, District- Bhagalpur.

19.

Subhash Kumar Son of Yogender Mandal, Resident of Bangaon Khutaha, P.S. Andar Goradih, District- Bhagalpur.

20.

Rajesh Kumar Son of Ramakant Tanti Resident of Santhali Tola, P.S. Mathurapur, Kahalgaon, District- Bhagalpur.

21.

Preetam Kumar Yadav Son of Baijnath Yadav, Resident of VillageGanghatta P.S. Bhuduchak, Bikashpur, District- Bhagalpur. 22.

Sourav Kumar Son of Kailash Yadav, Resident of Village- Khutaha, P.S. Goradih, District- Bhagalpur.

23.

Priyanka Devi D/o Late Naresh Thakur, Resident of Village- Kamalpur P.S. Sajour, B. Sahkund, District- Bhagalpur.

24.

Risi Das Son of Mahesh Das, Resident of Village- Ustu, P.S. Lodipur, B. Goradih, District- Bhagalpur.

25.

Sumit Ravidas Son of Anandi Ravidas, Resident of Village- Ustoo, P.S. Lodipur, B. Goradih, District- Bhagalpur.

26.

Kishor Das Son of Laxman Ravidas, Resident of Village- Ustal P.S. Lodipur B. Goradih, District- Bhagalpur.

27.

Sitlal Yadav Son of Soti Yadav, Resident of Village- Siyar Garh, P.S. and Block Goradih, District- Bhagalpur.

28.

Raj Kumar Yadav Son of Parshuram Pd. Yadav, Resident of Lodipur, Block Goradih, District- Bhagalpur.

29.

Vikram Kumar Son of Gurudev Mandal, Resident of Village- Kundi Jam Gaon, P.S. and Block Jagdishpur, District- Bhagalpur. 30.

Anjanta Devi D/o Ajay Prasad @ Ajay Kumar Yadav, Resident of VillageKhutaha, P.S. Lodipur Block Goradih, District- Bhagalpur. 31.

Rajesh Kumar @ Rajesh Kumar Yadav Son of Arun Prasad Yadav, Resident of Village-Gangti, P.S. and Block Goradih, District- Bhagalpur. 32.

Niketan Kumar Son of Karnveer Prasad, Resident of Village- Khutaha, P.S. Lodipur Block Goradih, District- Bhagalpur.

33.

Ashok Kumar Yadav Son of Yugesh Yadav, Resident of Village- Gauhatta, P.S. Budhuchak, Block Kahalgaon, District- Bhagalpur.

4/8 34.

Kumar Prabhat Son of Mahesh Prasad Yadav, Resident of Village- Parsuram Chak, P.S. Antichak, Block Kahalgaon, District- Bhagalpur. 35.

Sushil Kumar Yadav Son of Ram Khelawan Yadav, Resident of VillageTikluganj, P.S. and Block Kahalgaon, District- Bhagalpur. 36.

Arvind Paswan Son of Tej Narayan Prasad, Resident of Village- Pista, P.S. and Block- Jagdishpur, District- Bhagalpur.

37.

Anil Kumar Son of Ganesh Mandal, Resident of Village- Basantpur, P.S. Lodipur, Block Sabour, District- Bhagalpur.

38.

Amritesh Kumar Son of Bijay Kant Yadav, Resident of Village- Budhuchak P.S. and Block Kahalgaon, District- Bhagalpur. 39.

Pawan Kumar Son of Sundar Mandal, Resident of Village- Rani Diyara, P.S. and Block Pirpaiti, District- Bhagalpur.

40.

Ranjeet Kumar Paswan @ Ranjeet Paswan Son of Laxman Paswan, Resident of Village- Itwa, P.S. and Block Goradih, District- Bhagalpur. 41.

Abdhesh Yadav Son of Late Mantlal Yadav, Resident of Village- Goradih, P.S. and Anchal- Goradih, District- Bhagalpur. 42.

Sadeep Kumar Son of Jattu Prasad, Resident of Village- Khutaha, P.S. Lodipur, Anchal- Goradih, District- Bhagalpur. 43.

Dilip Prasad Singh Son of Late Sijatan Prasad Singh, Resident of VillageAurangabad, P.S. and Anchal Kahalgaon, District- Bhagalpur. 44.

Md. Mukesh Son of Md. Yusuf, Resident of Village- Ekchari, P.S. Rasalpur, Block- Kahalgaon, District- Bhagalpur.

45.

Rohit Kumar Son of Naresh Yadav, Resident of Village- Sadpur, P.S. and Block Shahkund, District- Bhagalpur.

46.

Anuj Kumar Son of Babulal Yadav, Resident of Village- Panchrukhi, P.S. and Block Shahkund, District- Bhagalpur.

47.

Jagdev Kumar @ Jagdev Yadav Son of Sridhar Yadav, Resident of VillageGanga Prasad Bhatoriya, P.S. and Block Nathnagar, District- Bhagalpur. 48.

Jay Prakash Kumar Son of Balram Yadav, Resident of Village- Govindpur, P.S. and Block Pirpainti, District- Bhagalpur. 49.

Pankaj Kumar Son of Ramik Lal Yadav, Resident of Village- Kahalgaon, P.S. and Block Pirpainti, District- Bhagalpur. 50.

Mithilesh Kumar Son of Ambika Prasad Yadav, Resident of VillageKahalgaon, P.S. and Block Pirpainti, District- Bhagalpur. 51.

Suman Kumar Yadav Son of Prayag Yadav, Resident of Village- Malikpur, P.S. and Block Pirpainti, District- Bhagalpur. 52.

Kanhay Pandit Son of Shekhar Pandit, Resident of Habibpur, P.S. and Block Kahalgaon, District- Bhagalpur.

53.

Ganga Ram Kumar Son of Puran Yadav, Resident of Village- Malikpur P.S. and Block Pirpainti, District- Bhagalpur.

54.

Wakil Yadav Son of Sipahi Yadav, Resident of Village- Malikpur, P.S. and Block Pirpainti, District- Bhagalpur.

55.

Bipin Kumar Yadav Son of Matto Yadav, Resident of Chhoti Dilouri, P.S.

5/8 and Block Pirpainti, District- Bhagalpur.

56.

Ravinand Kumar Son of Yogendra Yadav, Resident of Village- Parsuram pur Chak, P.S. Antichak Kahalgaon Block Kahalgaon, District- Bhagalpur. 57.

Munna Kumar Son of Late Nageshwar Yadav, Resident of Village- Topra Tola, P.S. and Block Pirpainti, District- Bhagalpur. 58.

Rabindra Kumar Yadav Son of Shakaldeep Yadav, Resident of VillageGopra Tola, P.S. and Block Pirpainti, District- Bhagalpur. 59.

Dukhan Kumar Yadav Son of Mahatma Prasad Yadav, Resident of VillageDoman Khutheri, P.S. and Block Pirpainti, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Home Secretary, Government of Bihar Main Secretariat, Patna.

2.

The Home Secretary, Government of Bihar Main Secretariat, Patna. 3.

The Director General of Police, Home Guard Main Secretariat, Patna. 4.

The District Magistrate, Bhagalpur, District- Bhagalpur. 5.

The Commandant Home Guard Bhagalpur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 3108 of 2025) For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Respondent/s :

Mr.Government Pleader (17) (In Civil Writ Jurisdiction Case No. 731 of 2025) For the Petitioner/s :

Mr.Indeshwari Prasad Mandal, Adv.

For the Respondent/s :

Mr.Government Advocate (3) (In Civil Writ Jurisdiction Case No. 886 of 2025) For the Petitioner/s :

Mr.Indeshwari Prasad Mandal, Adv.

For the Respondent/s :

Mr.Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners as well as learned counsel for the Respondent - State for all these petitions altogether.

2. These petitions have been preferred by the petitioners seeking following reliefs:

I. For issuance of appropriate writ/writs,

6/8 order/orders, direction/directions to respondent to publish the merit list district wise instead of block wise and conduct the process of selection as per rule provided in advertisement no 2of 2011 and also to direct respondents to prepared provisional list as well as merit list on district wise not block wise. II. For issuance of direction to the respondent to fulfill all the vacant post under the advertisement no 2 of 2011.

III. For issuance of appropriate writ/writs, order/orders, holding that all those merit list prepared on block level are contrary to the rule and as such are liable to cancel.

IV. For issuance of any other appropriate writ\writs, order\orders, direction\directions, for which petitioner may deemed entitled under the fact and circumstance of the case.

3. It is submitted by the counsel for the petitioners that pursuant to the advertisement no. 02/11 published on 30.07.2011 petitioners have participated in the recruitment process. According to the counsel, the recruitment was required to be made district wise however, when the final list was declared it appears that the merit list has been prepared on the basis of block level which is contrary to the advertisement. He

7/8 further submits that the petitioners herein are the residents of district Bhagalpur, if the final list was declared district wise then all of them would have been selected. He further submits that some of the affected candidates approached this Court in C.W.J.C. No. 11645 of 2019 (Manjay Kumar and another vs. The State of Bihar and others) and this Court vide its Order dated 05.02.2021 allowed the petition and directed the respondents that they should publish the merit list on the basis of district wise and not the block wise. He further submit that since the Order dated 05.02.2021 (supra) has attained finality therefore, the case of the petitioners is also squarely covered with the direction given by the Co-ordinate Bench of this Court in the said case i.e. CWJC No. 11645 of 2019.

4. Considering the above submissions made by the counsel of the petitioners it would be appropriate to dispose of these petitions giving liberty to the petitioners to firstly make their representation before the respondent no. 4, accordingly, these petitions are disposed of, petitioners are directed to firstly make their representation before the respondent no. 4 raising all grounds which they raised in these writ petitions within four weeks from today and in turn the respondent no. 4 is also directed to consider and decide the same taking into

8/8 consideration the observation made by the Coordinate Bench of this Court in the case of CWJC No. 11645 of 2019 (supra) and decide the same as early as possible probably within 60 days from the submission of such applications.

5. With the aforesaid observation, all these writ petitions are being disposed of altogether by this common order. (Arvind Singh Chandel , J) tusharika/- U