Lageena Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6605 of 2025 ====================================================== Lageena kumar Son of Santan Yadav, Resident of Village- Chhit Makandpur, VTC- Makanpur, P.O.- Ranuchak Makandpur, P.S- Akbar Nager, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Director General of Police, Government of Bihar, Patna. 3.

The Collector cum District Magistrate, Bhagalpur. 4.

The Senior District Commandant, Bihar Home Guard (Bihar Grih Raksha Vahini), Bhagalpur.

5.

The Senior Deputy Collector, District General Branch Bhagalpur. 6.

The Additional Collector, Bhagalpur.

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

For the Petitioner/s :

Mr. Chandrasekhar Sharma For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner as well as learned counsel for the Respondent- State.

2. This petition has been preferred by the petitioner seeking following reliefs:

(i) For issuance of writ in the nature of mandamus commanding and directing the Respondent to appoint the petitioner on the post of Home Guard who is struggling to get his appointment since long time i.e. since 2006 though the assurance was made by higher authority best not fulfilled uptil haza.

(ii) For holding and declaration that petitioner deserves to get his

Patna High Court CWJC No.6605 of 2025(2) dt.10-07-2025 2/3 appointment on the post of Home Guard.

And/or pass such other order or orders as deem fit and proper in the interest of justice.

3. It is submitted by the counsel for the petitioner that pursuant to the advertisement no. 02/11 published on 30.07.2011 petitioner has participated in the recruitment process. According to the counsel, the recruitment was required to be made district wise however, when the final list was declared it appears that the merit list has been prepared on the basis of block level which is contrary to the advertisement. He further submits that the petitioner herein are the residents of district Bhagalpur, if the final list was declared district wise then all of them would have been selected. He further submits that some of the affected candidates approached this Court in C.W.J.C. No. 11645 of 2019 (Manjay Kumar and another vs. The State of Bihar and others) and this Court vide its Order dated 05.02.

2021 allowed the petition and directed the respondents that they should publish the merit list on the basis of district wise and not the block wise. He further submit that since the Order dated 05.02.

Patna High Court CWJC No.6605 of 2025(2) dt.10-07-2025 3/3 said case i.e. C.W.J.C. No. 11645 of 2019.

4. Considering the above submissions made by the counsel of the petitioner it would be appropriate to dispose of this petition giving liberty to the petitioner to firstly make their representation before the respondent no. 03 accordingly, this petition is disposed of, petitioner is directed to firstly make their representation before the respondent no 03 raising all grounds which he raised in this writ petition within four weeks from today and in turn the respondent no 03 is also directed to consider and decided the same taking into consideration the observation made by the Coordinate Bench of this Court in the case of C.W.J.C. No. 11645 of 2019 (supra) and decide the same as early as possible probably within 60 days form the submission of such application.

5. With the aforesaid observations, this petition is disposed of.

(Arvind Singh Chandel , J) krishnakant/- U