Balvir Singh v. The State Of Bihar Andors

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15429 of 2008 ====================================================== Balvir Singh S/o Dhruv Narayan Singh resident of Village Saidanpur, P.S. Gaurichak District Patna.

.... .... Petitioner

Versus

1. The State of Bihar through its Commissioner cum Secretary Department of Home Bihar, Patna old Secretariat, Patna.

2. Director General of Police Bihar, Patna, Old Secretariat, Patna.

3. D.I.G. Purnea.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : AC to PAAG - 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

28-02-2017 Heard Sri Binod Kumar Singh, learned counsel for the petitioner and learned A.C. to Principal Addl. Advocate General - 2.

The petitioner has approached this Court invoking its writ jurisdiction by filing the present writ petition in the month of October, 2008, with a prayer to direct the respondents to issue appointment letter in his favour.

A plea has been taken that petitioner, pursuant to Advertisement no. 3 of 2004, applied for the post of Constable. He participated in physical test, thereafter, the result was published, vide Annexure - 2 to the present writ petition. A plea has been taken that instead of sending appointment letter through registered post, a paper publication was made asking the candidates to appear on 09-02-2008 with all relevant certificates. It has been admitted

Patna High Court CWJC No.15429 of 2008 (3) dt.28-02-2017 2/2 by learned counsel for the petitioner that petitioner failed to notice the said press publication. A plea has been taken that petitioner was resident of a remote place and he missed to notice the said publication, which was published in the newspaper and as such, he did not appear on the date fixed. He submits that subsequently, the petitioner filed representation for allowing him to participate in the selection process.

Learned A.C. to Principal Addl. Advocate General - 2, by way of referring to Annexure - 2 i.e. paper publication, submits that in the paper publication, it was specifically notified that candidates, who fail to appear on 09-02-2008 alongwith all credentials, it will be considered that they have got no interest and their candidature shall be cancelled.

In view of admitted fact that pursuant to Annexure - 2, petitioner failed to appear as well as the fact that selection process was to be completed long back on 09-02-2008, the Court is of the opinion that no positive order can be passed in favour of the petitioner.

The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay U