The Chairman, Central Selection Board Of Constable And ORS v. Pasupati Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.225 of 2016 Arising out of Civil Writ Jurisdiction Case No. 7408 of 2015 ===========================================================

1. The Chairman, Central Selection Board of Constable, Computer Bhawan, Jawaharlal Nehru Marg, Patna

2. The Secretary, Central Selection Board of Constable, Computer Bhawan, Jawaharlal Nehru Marg, Patna

3. The Officer on Special Duty, Central Selection Board of Constable, Computer Bhawan, Jawaharlal Nehru Marg, Patna .... .... Appellant/s

Versus

1. Pasupati Kumar Son of Sri Laxmi Kant Pandit, Resident of village + Post office - Chainpur via Ag Bazar, P.S. Falaka ( Pothia ), District - Katihar

2. Surendra Kumar Son of Sukdeo Chouhan, Resident of village - Govindpur, P.O. + P.S. Rautara, District - Katihar

3. Rupesh Kumar Son of Janarda Yadav, Resident of village - Barmasia, P.O. + P.S. Katihar, District - Katihar

4. Chandan Kumar Roy Son of Wakil Roy, Resident of Mohalla - Indrapuri, B.M.P. - 7, Mirchi Bari, P.O. Katihar, District - Katihar

5. Md. Habil Son of Md. Samsul, Resident of village - Raghuni Chak, P.O. + P.S. Mansahi, District - Katihar

6. Md. Zakir Hussain Son of Md. Mustkin, resident of village - Labha, P.O. Mahadevpur, P.S. Pranpur, District - Katihar

7. Rajendra Kumar Son of Dinesh Prasad Sharma, Resident of village - Padampur, P.O. Hasanganj, P.S. Dandkhora, District - Katihar

8. Kumar Gourav Son of Manohar Das, Resident of village - Soti, P.O. Ragheli Via Sonaili, P.S. Dandhora, District - Katihar

9. Amit Kumar Son of Subodh Yadav, Resident of village - Ruchdev Simaria, P.O. Pothia, P.S. Falka, District - Katihar

10. Niraj Kumar Son of Upendra Yadav, Resident of Karhagola Uchla, P.O. Gurubazar, P.S. Barari, District - Katihar

11. Ajeet Kumar Arya Son of Satish Prasad Arya, Resident of Mohalla + P.O. Ayodhyaganj Bazar, P.S. Kursela, District - Katihar

12. Ajit Kumar Singh Son of Shiv Shankar Prasad Singh, Resident of village - Kohwara, P.O. Pothia, P.S. Falka, District - Katihar

13. Md. Kamaluddin Son of Md. Yusuf, Resident of village - Bathna, P.O. Dilli Dewanganj, P.S. Ambabad, District - Katihar

14. Md. Ataur Rahman Son of Md. Tafihul Haque, Resident of village - Bathna, P.O. Dilli Dewanganj, P.S. Ambabad, District - Katihar

15. Suman Kumar Das Son of Hemlal Das, Resident of village - Braiya, P.O. Bharri, P.S. Kadwa, District - Katihar

16. Binod Kumar Chouhan Son of Anandi Prasad Chouhan, Resident of village - Govindpur, P.O. + P.S. Rautara, District - Katihar

17. Ravi Bhushan Kumar Son of Late Surya Narayan Das, Resident of Harijan Colony, T.V. Centre, P.O. B.M.P. 7, District - Katihar

18. Ajit Kumar Son of Surya Deo Prasad, Resident of Mohalla - Nepali Tola, P.O. B.M.P. 7, District - Katihar

19. Gaurav Kumar Rajak Son of Narayan Rajak, Resident of Lohiya Nagar

2/4 Barmasia, Ward No. 12, P.O. Katihar, District - Katihar

20. Rajeev Kumar Son of Madan Sah, Resident of village - Korha, P.O. + P.S. Korha, District - Katihar

21. Binod Kumar Mehta Son of Parmeshwar Mehta, Resident of village + P.O. Bhatwara, P.S. Korha, District - Katihar

22. Jiveet Kumar Sharma Son of Yogendra Sharma, Resident of village + P.O. Chhohar, P.S. Falka, P.O. Pothia, Anchal Sameli, District - Katihar

23. Vinod Kumar Singh Son of Hari Prasad Singh, Resident of village - Bhandartal, P.O. Bhandartal Via Gurubazar, P.S. Barara, District - Katihar

24. Bishu Hembram Son of Nayki Hembram, Resident of village - Kanchan Bari, P.O. Jhagruchak, P.S. Falka, District - Katihar

25. Bhawesh Kumar Son of Umesh Prasad Choudhary, Resident of village + P.O. Kuretha, P.S. Mansahi, District - Katihar

26. Amir Ali Son of Md. Sameer Ali, Resident of village - Aminabad Tarbana, P.O. Semapur, P.S. Semapur, P.O. ( Barari ), District - Katihar

27. Satyendra Kumar Son of Resham Lal Uraon Resident of village - Rajwara, P.O. + P.S. Rautara via Ranipatna, District - Katihar

28. Pramod Kumar Paswan Son of Sita Ram Paswan, Resident of village + P.O. Kanta Kosh Via Manihari, District - Katihar

29. The State of Bihar

30. The Principal Secretary, Home (Police) Department, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellants : Mr. P. N. Shahi, Sr. Advocate Mr. Sanjay Pandey, Advocate Mr. Binod Kr. Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate For the State : Mr. Manish Kumar, AC to AAG-6 For Respondents 1 to 28 : Mr. Rajeev Verma, Sr. Advocate Mr. Gaurav Govind, Advocate Mr. Sarbottam Kumar Sarkar, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 25-01-2017 I.A. No. 872 of 2016 The application is for condonation of delay of 45 days in filing the Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory

3/4 Application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay of 45 days in filing the present Letters Patent Appeal.

3. Consequently, Interlocutory Application No. 872 of 2016 is allowed and delay of 45 days in filing the Letters Patent Appeal is condoned.

L.P.A. No. 225 of 2016 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 4th of November, 2015 in C.W.J.C. No. 7408 of 2015 whereby, the writ application was allowed wherein the writ applicants were candidates for appointment against the post of Constable under the category of Home Guard.

2. The issue raised is short. As per the writ applicants, there is no cut-off date before which the candidates must have obtained training as Home Guard, whereas the cut-off date is prescribed in respect of age and educational qualification.

3. The learned Single Bench relied upon the Supreme Court judgment reported as (2007) 4 SCC 54 (Ashok Kumar Sonkar vs. Union of India) to hold that in the absence of cut-off date, the last date of submission of the application would be the date of obtaining training as Home Guard which is eligibility for

4/4 appointment as a Constable.

4. Once the cut-off date has been fixed in the advertisement in respect of age and educational qualification, the non-fixation of cut-off date for training shows that the cut-off date as 01.01.2004 was not intended for the purpose of training. There cannot be any implied cut-off date as was contemplated in respect of educational qualification and the age.

5. Since there was no cut-off date fixed for training, we do not find that the view taken by the learned Single Bench suffers from any illegality which may warrant interference in the present Letters Patent Appeal.

6. Consequently, we do not find any merit in the present Letters Patent Appeal. The same is dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.01.2017 Transmission Date N.A.