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Patna High CourtCWJC/3453/2023dismissed

Deepmala Kumari v. The Central Selection Board Of Constable,

2023-08-01Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3453 of 2023 ====================================================== Deepmala Kumari Daughter of Gulab Chandra Yadav, Resident of VillageRajnigoth, Ward No. 12, Police Station - Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The Central Selection Board of Constable, Bihar, Patna through its Chairman, Sri Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna- 801503 2.

The Chairman, The Central Selection Board of Constable, Bihar, Sri Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna- 801503 3.

The Officer on Special Duty, The Central Selection Board of Constable, Bihar, Patna, Sri Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna- 801501 4.

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

The Superintendent of Police, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad with Pooja Prasad, Advts. For the State :

Mr. M. Nasrul Huda Khan ( SC 1 ) with Ms. Babita Kumari AC to Sc-1 For the CSBC :

Mr. Sanjay Pandey with Mr. Binod Kumar Mishra and Mr. Vivek Anand Amritesh, Advts.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, learned counsel for the Central Selection Board of Constable, Bihar ( for short 'CSBC') and learned counsel for the State.

2. The writ application has been filed for quashing of letter dated 04-06-2019, issued by the Officer on Special Duty, CSBC (respondent no.3), as contained in Annexure-7 series.

3. The submission is that the petitioner participated in the process of selection for appointment of constable (Police),

Patna High Court CWJC No.3453 of 2023(2) dt.01-08-2023 2/3 pursuant to an advertisement bearing Advertisement No. 1 of 2017 issued on 29.07.2017 (Annexure-1). The petitioner's candidature was finally rejected and she had due intimation of this fact, which is obvious from Annexure-7 series, being a letter dated 26.08.2019, issued by the Public Information Officer of the CSBC, Bihar, Patna. The information is clear that upon receipt of report from the Forensic Science Laboratory, a forgery has been found in the petitioner's candidature and based thereon, candidature of the petitioner was cancelled.

4. The learned counsel for the petitioner submits that the same was not made available to her and, therefore, delay has occurred in filing the writ petition. The said submission appears to be factually incorrect, since it is obvious from perusal of Annexure-7 series, being a letter dated 26.08.2019, issued by the Public Information Officer of the CSBC, Bihar, Patna to the petitioner communicating rejection of her candidature by sending a copy of letter dated 04.06.2019, which is enclosure to the communication dated 26.08.2019 (Annexure-7 series). The writ application has been filed nearly four years thereafter seeking quashing of this communication dated 04.06.2019, wherein, no averments have been made so as to justify the delay of nearly four years in filing of the writ petition. The writ

Patna High Court CWJC No.3453 of 2023(2) dt.01-08-2023 3/3 petition is apparently barred by delay and latches, in view of decision of the Apex Court in the case of Union of India & Ors. vs. C. Girija & Ors. reported in (2019) 15 SCC 633.

5. The writ petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- U