Anita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5014 of 2022 ====================================================== Anita Kumari Daughter of Bijli Paswan, Wife of Amit Kumar, Resident of Village - Babhan Bigha, Post Office - Rampur Waina, Police Station - Parasi, District- Arwal (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar Through the Principal Secretary, Home Department, Government of Bihar, Patna.
2.
The Chief Secretary, Home Department, Government of Bihar, Patna. 3.
The Additional Chief Secretary, Home Department, Government of Bihar, Patna.
4.
The Director General of Police, Bihar, Patna. 5.
The Chairman, Central Selection Board (Constable Requirement), Bihar, Patna.
6.
The Special Work Officer, Central Selection Board (Constable Requirement), Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Kumar, Advocate Mr. Kumar Kishan, Advocate For the Respondent (5 &6):
Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate For the State :
Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-04-2022 Heard the learned counsels for the parties.
In the instant petition, petitioner has prayed for following reliefs:- "1. That this is an application for issuance of appropriate writ(s), order(s) direction(s) for the following reliefs:- (i) For issuance of writ in the nature of mandamus for directing and commanding the responsible respondent authorities for Re-Measurement of the height of the petitioner, who has successfully appeared in the Physical Evaluation Test (PET) on 26.02.2022 having Roll No. 3114020310 after
Patna High Court CWJC No.5014 of 2022 dt.13-04-2022 2/2 qualifying the written examination as well as race, high jump, long jump and shot put and the height of the petitioner is above the prescribed height i.e. 155 centimeters besides this, she has illegally and arbitrarily been disqualified on the ground that the height of the petitioner is below the prescribed minimum height of 155 centimeters and with the mala fide intention, the respondent Central Selection Board (Constable Recruitment) Bihar, Patna, in short 'CSBC' and other responsible respondents have wrongly deprived of her right for appointment to the post of Constable in pursuance of advertisement no. 05/2020 dated 11.11.2020.
(ii) For staying the selection and appointment process for the post of Constable in pursuance of advertisement no. 05/2020 issued under the signature of Chairman, CSBC, Bihar, Patna during the pendency of this writ application.
(iii) For any other relief or reliefs to which the petitioner is entitled for in the facts and circumstances of the case."
In support of the fact that petitioner's height is more than 155 cm, she has not produced any material. In the absence of any material question, issuance of writ of mandamus do not arise. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to file fresh petition in producing material information.
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