Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11207 of 2021 ====================================================== Rakesh Kumar, Male aged about 24 years, Son of Udit Singh Resident of Village - Silaodih, P.O. and P.S. - Silao, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chairman, Bihar Police Sub-Ordinate Services Commission, R.P.S. More, Danapur, Bihar, Patna.

3.

The Secretary, Bihar Police Sub-Ordinate Services Commission, R.P.S. More, Danapur, Bihar, Patna.

4.

The Members of Committee, Bihar Police sub-ordinate Service Commission, Bihar, Patna.

5.

The Home Secretary, Bihar, Patna.

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Advocate :

Ms. Seema Kumari, Advocate For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

1. To direct the concerned Respondent to mentioned the name of the petitioner in Medha Suchi and issue the appointment letter of the post of Sub-Inspector in Advt. No. 01/2019, Recruitment of police S.I. in accordance with law forthwith.

2. To direction the concerned Respondents to dispose of representation filed by the petitioner on 03.04.2021 forthwith.

3. To grant any other relief/reliefs which the petitioner may found entitled in the facts and circumstances of the case.

Patna High Court CWJC No.11207 of 2021 dt.24-01-2022 2/2

3. Petitioner is stated to be one of the candidate for recruitment to the post of Sub Inspector. It is learnt that his name is not reflected in the select list, therefore, he has submitted representation to include his name and appoint him as Sub Inspector of Police. The petitioner has not questioned the validity of select list like last selected candidate in the respective category. For issuance of writ of mandamus to consider the petitioner's representation, he must have statutory/legal right. The petitioner has not apprised that he has vested right, therefore, the present petition is not in accordance with principles laid down in the case of Ranjan Kumar v. State of Bihar, (2014) 16 SCC 187 (Paragraph Nos. 4 to 13).

4. Accordingly, writ petition stands disposed off, reserving liberty to question last selected candidate's selection under particular category.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 28.01.2022 Transmission Date