Gautam Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 7369 of 2015 ====================================================== Gautam Kumar Singh, S/o Dhananjay Kumar Singh, Resident of Village + P.O.- Chilhar, P.S.- Azimabad, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chairman, Central Selection Council (Constable Recruitment), Computer Bhawan, Jawahar Lal Nehru Marg, Patna 2.

Central Selection Council (Constable Recruitment) through its Chairman having its office at Computer Bhawan, Jawahar Lal Nehru Marg, Patna 3.

The Chairman, Central Selection Council (Constable Recruitment) Computer Bhawan, Jawahar Lal Nehru Marg, Patna 4.

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

The Inspector General Administration of Police, Bihar, Patna. 6.

The Deputy Inspector General of Police, Bihar, Patna. 7.

The Secretary, Central Selection Board (Constable) Recruitment Bank Harding Road, Patna.

8.

The Superintendent of Police, Patna.

... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Digvijay Kumar Ojha, Advocate For the Respondent/s :

Mr Binod Kumar Yadav, SC XVIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 07-05-2019 Heard learned counsel for the petitioner and the respondent-State.

2 Writ petition has been filed seeking a direction upon the authorities to allow the petitioner to participate in the Screening Test for physical examination and consider his case for appointment as Constable.

3 Brief background is that the petitioner has appeared pursuant to the Advertisement published in the year, 2014 for

Patna High Court CWJC No.7369 of 2015 dt.07-05-2019 2/3 appointment of Constables. Annexure 4 is the Admit Card fixing a date for Physical Examination of the petitioner. Petitioner complains that he was not allowed to appear at the Physical Examination on 27.03.2015, by alleging that his finger print is not tallying and he was forcibly ousted from the Physical Test. 4 The date of the Test was 27.03.2015. In support of his contention, the petitioner has annexed two representations dated 27.03.2015 which he claims to have submitted before the Secretary of the Central Selection Board as well as in the office of the Director General of Police, Bihar.

5 The representations brought on record by the petitioner do not bear any receiving. On basis of such document, it cannot be gathered that petitioner had ever voiced his grievance before the authorities, regarding alleged arbitrary actions. From the pleadings, it is clear that about two months after the physical test, he has filed this application, that also without any reliable document that he has ever raised his grievance before the authorities, and that they have failed to take any action. Process of selection in question is now about 5 years old. The basis for invoking the writ jurisdiction, therefore, is without any legal validity as representations apparently bear no receiving of the Authority.

Patna High Court CWJC No.7369 of 2015 dt.07-05-2019 3/3 6 Writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.05.2019 Transmission Date NA