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Patna High CourtCWJC/13288/2018dismissed

Raj Kumar Saw v. The State Of Bihar And ORS

2019-06-03Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13288 of 2018 ====================================================== Raj Kumar Saw S/o Mahesh Saw, R/o Vill.- Nabinagar (Karamdih), P.O.- Gosaidih, P.S.- Nabinagar, District- Aurangabad (Bihar). ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, New Secretariat, Bihar, Patna.

2.

The Director General of Police, The State of Bihar, New Secretariat, Bihar, Patna.

3.

The Chairman, Central Selection Board, Bihar, Patna. 4.

The Secretary, Central Selection Board, Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Respondent/s :

Mr.Sheo Shankar Prasad- Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

03-06-2019 The grievance of the petitioner in the present case is with respect to the declaration of result of the petitioner treating him in the category of candidates belonging to the Other Backward Class (OBC). It is stated that pursuant to the Advertisement No. 01/2017 advertised for the post of Constable in the year 2017 the petitioner had applied for selection as a Constable as OBC candidate. He, later on, participated in the physical examination test and after having passed all the tests when he was informed that his candidature has been placed in the pending list as in the application form name of the caste category had been wrongly filled up, he filed an affidavit in this regard stating that it was a bona fide mistake of typing the word

Patna High Court CWJC No.13288 of 2018(2) dt.03-06-2019 2/3 'EBC' which has been typed in place of 'OBC'. In this regard he has also represented vide his representation dated 05.07.2018 before respondent no. 2, but till date nothing has been done. On the other hand, learned counsel representing the Central Selection Board (respondent no. 3) submits that the petitioner has not placed on record the copy of the advertisement which clearly mentioned that any error committed in course of filling of the application form would lead to rejection of the application. It is submitted that all the appointment pursuant to the Advertisement No. 01/2017 has already been made. It is further submitted that in similar circumstance the learned coordinate Bench as well as Hon'ble Division Bench of this court have refused to interfere. The case is reported in 2017(1) PLJR 599 (Central Selection Board of Constable & Ors. Vs. Raj Kumar & Ors.).

Having heard learned counsel for the parties and on perusal of the records, this court finds that it is an admitted case of the petitioner that he had committed mistake in submission of his application form by giving a wrong description of the category of candidate which he belonged to. This court also finds that all the appointments pursuant to the aforesaid advertisement has already been made and as submitted in

Patna High Court CWJC No.13288 of 2018(2) dt.03-06-2019 3/3 similar circumstance earlier the learned coordinate Bench has refused to interfere in such matters. This being the position, there is no merit in the writ application. It is dismissed. (Rajeev Ranjan Prasad, J) Rajeev/- U