Patna High CourtCWJC/15903/2011dismissed

Santosh Kumar Singh v. The State Of Bihar And ORS

2016-03-30Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15903 of 2011 ====================================================== Santosh Kumar Singh , son of Lal Mohan Singh , resident of VillageShahpur, P.O.- Telari, P.S.- Chenari, District- Rohtas .... .... Petitioner

Versus

1. The State of Bihar through the Director General of Police, State of Bihar, Patna

2. The Principal Secretary, Department of Home (Police), Government of Bihar, Patna

3. The Principal Secretary, General Administrative Department (Personnel Administrative Reforms Department), Government of Bihar, Patna

4. The Central Selection Board of Constable, Bihar, Patna through its Secretary

5. The Chairman of Central Selection Board of Constable, Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh For the Respondent/s : Mr. AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-03-2016 Heard Sri Viveka Nand Singh, learned counsel for the petitioner, learned AC to SC-6 as well as learned counsel appearing on behalf of the Respondent nos.4 and 5/Central Selection Board (Constable Recruitment).

The petitioner, in the present writ petition filed under Article 226 of the Constitution of India, has made a prayer for setting aside the result of 2nd Phase pursuant to Advertisement no.2/2009, which was in relation to appointment of constables. In this case, a detailed counter affidavit has been filed on behalf of Respondent nos.4 and 5 and in paragraph-19 of the

Patna High Court CWJC No.15903 of 2011 (3) dt.30-03-2016 2/2 counter affidavit, a specific stand has been taken that the petitioner has got lesser marks than the last candidate selected in his category. The petitioner belongs to BC-M-HG and had secured only 25 marks, whereas the cut-off marks in his category was 29. The statement made in the counter affidavit has not been refuted by the petitioner by filing any rejoinder. Keeping in view the fact that none of the candidates having lesser marks than the petitioner in his category has been appointed, I do not find any ground to pass any favourable order. The writ petition stands dismissed.

(Rakesh Kumar, J) NKS/- U