Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6443 of 2025 ====================================================== 1.

Sudhir Kumar S/o- Latan Prasad Yadav, Resident of Village- Kathi, P.O.- Okhariya Gola, P.S. Kowakol, District- Nawada. 2.

Rajesh Kumar S/o- Bisundev Prasad, Resident of- Alkjara, P.O and P.SJhajha, District- Jamui. 3.

Umesh Kumar S/o- Bramdeo Singh, Resident of- Manjhauli, P.S.- Pouthu, District- Aurangabad.

4.

Mukesh Kumar S/o- Jay Prakash Singh, Resident of Village- Navtolia, P.O.- Latra, P.S.- Gopalpur, District- Bhagalpur.

5.

Anju Kumari W/o Aman Kumar, Resident of- Pali, P.O.- Kashichak Pali, P.O. Kashichak, P.S.- Nawada, District- Nawada. 6.

Jakir Hussain S/o Aftab Alam, Resident of- Koyaribigha, P.S.- Hulasganj, Post- Dhwalbigha Tira, District- Jehanabad.

7.

Raju Kumar Yadav S/o- Subadar Singh Yadav, Resident of Village and P.OJamurana, P.S.- Ramgarh, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar, Main Secretariat Building, Patna.

2.

The Director General-cum-Commandant General, Home Guard, Bihar, Patna.

3.

The Deputy Inspector General Home Guard, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Mandal, Advocate For the Respondent/s :

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2025 Heard Learned counsel for the petitioners and Learned counsel for the State.

2. The present writ petition has been filed for following relief/s:- I. For quashing the Advertisement No.01/2025 dated 21.03.2025 issued under the signature of Director General of Police-cumCommandant General, Home guard, Patna for fresh admission of Home guard in various

Patna High Court CWJC No.6443 of 2025(2) dt.29-04-2025 2/3 Districts of Bihar by leaving in lurch the physically and medically fit candidates against Advt. No.02/11 by completing selection process Block wise as it is contrary to the mandated provisions of Bihar Home Guard Act, 1947 read with Rules 1953 and consequent thereof, direction may be issued upon the respondents to appoint all the provisionally selected candidates Block wise, after preparing District wise merit list amalgamating all the vacant posts of Advertisement No.01/2006, 01/2009 and 02/2011 presently existing 15,000/- as earmarked for all the Districts of Bihar notified vide Advt. No.01/2025 and also for any other relief/reliefs as deemed fit and proper."

3. Learned counsel for the petitioners submits that the present writ petition has been filed on the ground that the dispute relating to the earlier advertisements of 01/2006, 01/2009 and 02/2011 could not be settled fully and in the meantime, new advertisement has come. Counsel submits that the process of selection by virtue of the new advertisement no.01/2025 be stopped until and unless, the earlier dispute relating to earlier advertisements may not be concluded.

4. Learned counsel for the State seeks time to file a

Patna High Court CWJC No.6443 of 2025(2) dt.29-04-2025 3/3 counter affidavit in this matter.

5. It transpires to this Court that the counsel for the petitioners has raised only point in his favour that there are dispute relating to earlier advertisements and therefore, fresh advertisement may not be pursued.

6. This Court is of the firm view that stopping of the fresh advertisement means stoppage of opportunity for new candidates who get eligibility after 2011 and this Court is not inclined to interfere in the appointment process which has been initiated in the year 2025 on the ground that there are mistakes taken place in the earlier selection. This Court is of the firm view that from 2011 to 2025, definitely there are new candidates who become eligible to appear in the process, therefore, this Court is of the firm view that selection process must continue and the decision of earlier advertisements for which the case is pending shall run according to the decision of the case.

7. Hence, this writ petition is hereby dismissed. (Dr. Anshuman, J) Divyansh/- U