Neha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4407 of 2020 ====================================================== 1.

Neha Kumari W/o Shubhankar Subham Resident of Village- Sanhauli, Ward No. 07, P.S.- Chitragupta Nagar, District- Khagaria. 2.

Kumari Sagyani Singh D/o Rajendra Singh Resident of VillageRamchandrapur, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Home Department, Government of Bihar, New Secretariat, Bailey Road, Patna. 2.

The Director General of Police Bihar, Patna.

3.

The Staff Selection Commission Through its Chairman, Vatnary College, Patna.

4.

The Secretary, The Staff Selection Commission, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the State :

Ms. Shalini (AC to GP-5) For the BSSC :

Mr. Madanjeet Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Staff Selection Commission.

2. The present writ petition has been filed for directing the respondent authority to make selection of the petitioners on the post of Assistant Sub-Inspector who have qualified physical and written test in the selection process of Assistant Sub-Inspector pursuant to the advertisement no.704/511 issued by the Staff Selection Commission in which Hon'ble Supreme Court of India has already allowed the case of

Patna High Court CWJC No.4407 of 2020(2) dt.22-03-2024 2/3 similarly situated candidates vide its order dated 14.09.2017 passed in Civil Appeal No. (S) 2795-2797/2017.

3. Learned counsel for the petitioners submit that the said recruitment was made in the year 2004 and the petitioners case has been squarely covered as like that of writ petitioners of Civil Appeal No. (S) 2795-2797/2017.

4. Learned counsel for the State has raised the preliminary objection that counter affidavit has come and in the said counter affidavit, it has been categorically stated in paragraph no.7 that in the earlier round of litigation which reached up to Hon'ble Supreme Court in S.L.P. (C) No.2230422306 of 2015 and SLP (C) No.22947-22949 of 2015. In paragraph no.15 of the said judgment, direction was made to the Registry not to entertain any petition with respect to selection of Sub-Inspector of Police advertised in the year 2004 and in this background, the present writ petition is devoid of merit and liable to be dismissed on this ground along.

5. Learned counsel for Bihar Staff Selection Commission submits that some other candidates have moved before the Hon'ble Supreme Court in contempt petition bearing Contempt Petition (C) No.1711/2018 in Contempt Petition (C) No.22/2018 (Arvind Kumar & Ors. Vs. Amir Subhani & Ors) in

Patna High Court CWJC No.4407 of 2020(2) dt.22-03-2024 3/3 which it has been ordered by Hon'ble Apex Court that:- "even if their representations are rejected, it will not give rise to any proceedings/appeal in any of the courts."

6. In the light of the submissions made by the parties and pleadings made in the writ petition and in the counter affidavit, this Court is of the firm view that there is no right available to the petitioners at present.

7. Accordingly, with the aforesaid observations, this writ petition is hereby dismissed.

(Dr. Anshuman, J.) Divyansh/- U