Kusum Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3804 of 2020 ====================================================== Kusum Kumari, Daughter of Santosh Yadav, Wife of Pankaj Kumar Resident of Village- Afjalnagar, P.O.- Launa, P.S.- Tarapur District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

3.

The Bihar Police Sub-Ordinate Service Commission, through its Chairman, Santosh Mansion, B Block, near RPS Law College, Raghunath Path Danapur, Patna.

4.

The Chairman, Bihar Police Sub-ordinate Service Commission, Santosh Mansion, B Block, near RPS Law College, Raghunath Path Danapur, Patna. 5.

The Secretary, Bihar Police Sub-ordinate Service Commission, Santosh Mansion, B Block, near RPS Law College, Raghunath Path Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Sunidhi Vimal, Adv.

For the State :

Mr. Md.Fazle Karim (AC to SC-1) For the BPSSC :

Mr. Kunal Tiwary, Adv.

Mr. Aniket Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-01-2024 Ms. Sunidhi Vimal, Advocate appeared on behalf of the counsel for the petitioner. Learned counsel for the State and learned counsel for the Bihar Police Sub-ordinate Service Commission are present.

2. Learned counsel for the petitioner submits that the petitioner has appeared in the advertisement published for the post of Police Sub Inspector vide advertisement no.01/2017. Counsel fairly submits that due to inadvertence, a typing

Patna High Court CWJC No.3804 of 2020(2) dt.05-01-2024 2/3 mistake occurred at the time of filing up the online form in which category EBC has been printed wrongly in place of BC, and her candidature was rejected by the respondent commission.

3. Learned counsel for the Bihar Police Sub-ordinate Service Commission submits that in the writ petition itself, advertisement is annexed which starts from page no. 19 and ends at page no.32 of the writ petition. On page no.32 of the writ petition, it has been categorically mentioned which states as under:- "आवेदन-प= मेयददअतयंतदपछडावर (EBC) के आवेदकसवयंकोदपछडावर (BC) यादपछडावर(BC) केआवेदकसवयं कोअतयंतदपछडावर(EBC) केरपमे घोदषतकरतेहैतोउनकीउममीदवारीरद करदीजायेरी।"

4. Learned counsel for the Bihar Police Sub-ordinate Service Commission submits that it has been categorically mentioned above that due to such mistake, the candidature shall be declared cancelled. Counsel further submits that it was advertisement of the year 2017 and the process has already been completed in 2020 itself and as such, there is no scope of consideration of the case and basically, the case has become infructuous.

Patna High Court CWJC No.3804 of 2020(2) dt.05-01-2024 3/3

5. In the light of the submissions made and upon perusal of the record, it transpires to this Court that the form has not been filed up as per the advertisement and the candidature of the petitioner is already been cancelled. The appointment process has already been completed in the year 2020 itself and as such, this writ petition is hereby dismissed. (Dr. Anshuman, J.) Divyansh/- U