Sanjit Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1229 of 2018 In Civil Writ Jurisdiction Case No.2457 of 2018 ====================================================== Sanjit Kumar Singh Son of Kameshwar Singh, Resident of VillageJamunipur Church, P.O. Maner, P.S.- Maner, District- Patna- 801108. ... ... Appellant/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Home Police Department, Govt. of Bihar, Patna. 4.

The Director General of Police, Bihar, Patna. 5.

The Bihar Police Subordinate Service Commission through its Secretary, Santosh Mansion, B- Block, Near R.P.S. Law College, Raghunath Path, Danapur, Patna- 801503.

6.

The Secretary, B.P.S.S.C., Santosh Mansion, B. Block, Near R.P.S. Law College, Raghunath Path, Dana 7.

Raman Kumar, Son of Sri Surendradeo Singh, Resident of VillageJamunipur, P.O.- Maner, P.S.- Maner, District- Patna- 801108. 8.

Pramod Kumar Singh, son of Chandra Shekhar Singh, Resident of Gola Road Near St. Karens High School, Vishnu Vihar Colony, Danapur, P.S.- Danapur cum Khagaul, District- Patna, Pin Code No. - 801503. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nagendra Kumar, Advocate Mr. R K Sinha, Advocate For the State :

Mr. Prabhat Kumar Verma, AAG 3 Mr. Sanjay Kumar Ghosarvey, AC to AAG 3 For the Commission :

Mr. Sanjay Pandey, Advocate Mr. Nishan Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 12-04-2022 Heard learned counsel for the parties.

Patna High Court L.P.A No.1229 of 2018(2) dt.12-04-2022 2/3 The learned Single Judge disposed off the writ petition in the following terms:

" Heard the parties.

In the present case, petitioner is seeking relief for reservation of Ex-Army man in the appointment of Sub-Inspector of Police having claimed that in other adjoining State and Para Military Forces the respective Government or the authority have made a provision for reservation of Ex-Army man but the State is only isolated State where such provision has not been granted to the Ex-Army man. The reservation of any class either vertical or horizontal reservation lies on the wisdom of legislative and executive of the State. The reservation is not a fundamental right but it is a privilege given to certain class of persons where legislative and executive feel that they are entitled for reservation as Article 15 and 16 of Constitution of India are enabling provision to make space for the reservation of any class.

The petitioner, through its organization will be at liberty to approach to the Government for redressal of his grievance. With the aforesaid observation and direction this writ petition is disposed of." At the outset, this Court has put a query to the learned State counsel as to whether the representation has been decided. According to him, no representation was filed by the appellant, rather he preferred to file Letters Patent Appeal. Today, a query has been put to learned counsel for the appellant whether he would be satisfied if his representation is decided, he submits that he will file a fresh representation to the

Patna High Court L.P.A No.1229 of 2018(2) dt.12-04-2022 3/3 concerned authority within two weeks from today. Learned counsel for the State assures that a decision thereon shall be taken within four weeks thereof. The Letters Patent Appeal stands disposed off. (Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar U