Kaushlendra Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6992 of 2016 =========================================================== Kaushlendra Prasad Singh, Son of Shri Kameshwar Prasad Singh, Resident of Village - Katauli, P.O. - Rushtampur, P.S. - Hulasganj, District - Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Superintendent of Police, Patna.
4. The Superintendent of Police, Sasaram.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Adv. For the Respondent/s : Mr. Deepak Sahay Jamuar, AC to AAG-4. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 23-07-2018 Heard Mr. Rama Kant Singh, learned counsel appearing for petitioner and Mr. Deepak Sahay Jamuar, learned Assisting Counsel to Additional Advocate General No.4 for the State. The petitioner prays for a direction to the respondent authorities of the Home (Police) Department for appointment on the post of Constable pursuant to the selection process held in the light of the Advertisement Nos. 1 of 2004 and 2 of 2004. According to the petitioner, he filed his application for appointment as Constable for Patna District as well as for DehriOn-Sone. According to him, he had obtained 12 and 13 points respectively in the two selection and coming from BC-2 category, he should have been given appointment as a Constable but was
Patna High Court CWJC No.6992 of 2016 dt.23-07-2018 denied.
A counter affidavit and a supplementary counter affidavit is filed on behalf of State and in which while taking objection on the lack of information given by the petitioner about his roll number in the two selection processes, in so far as the Patna district is concerned, it is mentioned that the petitioner had secured 8 marks in the physical test while the last candidate in the Backward Category who has given appointment, had obtained 15 marks. It is stated that since the petitioner had lower marks than the last appointed candidate that he was not given appointment. Such was the stand taken in the counter affidavit filed on 16.07.2018 but since it was stated by Mr.
Singh, learned counsel appearing for the petitioner that there is no information regarding the participation of petitioner on Dehri-On-Sone that the matter was adjourned to enable the counsel for the petitioner to provide the roll number so that the respondents could gather information to that effect but when the matter is taken up after two weeks yet Mr. Singh, learned counsel appearing for the petitioner is not in a position to inform the roll number of the petitioner for his participation in the selection process for the district of Dehri-OnSone.
Patna High Court CWJC No.6992 of 2016 dt.23-07-2018 warrants no indulgence. However, in case the petitioner gathers information that any person having lesser marks than the petitioner in so far as the district of Dehri-On-Sone is concerned, has been appointed under the Backward Category, he shall be at liberty to represent the concerned authority drawing his attention to this aspect and which shall be considered and disposed of in accordance with law within six weeks of its filing.
With the observation aforementioned the writ petition is disposed of.
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