Prerna Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18097 of 2015 ====================================================== Prerna Devi Wife of Pramod Kumar Ojha, Resident of village- Chhatupur, P.S.- Dhansoi, District- Buxar.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Chairman, Central Selection Board of Constable, Sri Sai Tara Complex, I.A.S. Colony, Jawaharlal Nehru Marg, Patna-801503 3.
The Secretary Central Selection Board of Constable, Sri Sai Tara Complex, I.A.S. Colony Jawaharlal Nehru Marg, Patna-801503 4.
The Principal Secretary, Home Police Department, Govt. of Bihar, Patna. 5.
The Director General of Police, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kumar, Advocate For the Respondent/s :
Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 For the C.S.B.C.
:
Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2023 The present writ petition has been filed seeking the following reliefs:- "1. (i) For giving a direction to the concerned respondent authorities to take the physical screening test of running afresh of petitioner which was held on 14.04.2015 at Patliputra Sports Complex, Kankarbagh, Patna in connection with the Advertisement No.1/2014 for appointment on the post of Constable. The reason for it is
Patna High Court CWJC No.18097 of 2015(2) dt.21-09-2023 2/3 that the petitioner has been wrongly and illegally disqualified in the physical screening test of running although she had completed one Kilometer running of running within 6 minutes of stipulated period.
(ii) In case the petitioner qualifies in the physical screening test of running taken afresh, then for further giving a further direction to concerned respondent authorities to take other consequent physical screening test of petitioner and PET Test as required in the selection process and after conducting all required if the petitioner comes in the final merit list then giving a further direction to concerned respondent authorities to appoint/select the petitioner on the post of Constable."
2.
At the outset, the learned counsel for the respondent-Central Selection Board of Constable, Bihar, Patna, has submitted, by referring to paragraph no. 14 of the counter affidavit filed in the present case, that the petitioner was required to run one kilometer in six minutes (360 seconds),
Patna High Court CWJC No.18097 of 2015(2) dt.21-09-2023 3/3 however, she took 364.59 seconds to run one kilometer, i.e. she took more than six minutes (360 seconds), hence she was disqualified in the physical evaluation test, thus there is no merit in the present writ petition.
3.
The aforesaid contention advanced by the learned counsel for the respondents has not been refuted by the petitioner, inasmuch as no rejoinder affidavit has been filed.
4.
Having regard to the facts and circumstances of the case and considering the aforesaid submission made by the learned counsel for the respondents, I do not find any merit in the present writ petition, hence the same stands dismissed.
(Mohit Kumar Shah, J) S.Sb/- U