Patna High CourtCWJC/8191/2008allowed

Ashok Singh @ Ashok Kr.Singh v. The State Of Bihar And ORS

2017-08-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8191 of 2008 =========================================================== Ashok Singh @ Ashok Kr.Singh, son of Late Akshayabar Singh, resident of village Rajapur, P.S. Koilwar, District Bhojpur at Ara. .... .... Petitioner

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Inspector General of Police, Patna Range, Patna.

4. The Deputy Inspector General, Patna Range, Patna.

5. The Senior Superintendent of Police, Patna, District Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. S.B.K.Mangalam, Advocate For the Respondents : GA 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-08-2017 The present writ petition has been filed for appointment of the petitioner as Constable in the Bihar Police being eligible for such appointment as he had received Home Guard training from a centre which fell within the unified State of Bihar at the relevant time.

2. Learned counsel for the petitioner submits that the petitioner has been kept out of the zone of consideration even though he had received training in the year 1989 from a place within the unified Bihar prior to its bifurcation in the year 2000, he was entitled to age relaxation in terms of the advertisement.

3. Learned counsel for the State on the other hand refers to the counter affidavit enclosing a corrigendum letter under Memo No. 6180 dated 04.04.2007 to submit that the persons having received training from States other than Bihar could not be given age relaxation in terms of the advertisement.

4. Having heard learned counsel for the parties, this Court is of the view that the corrigendum dated 04.04.2007 is of general nature

Patna High Court CWJC No.8191 of 2008 dt.04-08-2017 2/2 and proceeds on the basis that the persons enumerated therein received training from States other than Bihar. The specific case of the petitioner stands somewhat on a different footing and this aspect has not been considered therein.

5. The writ petition is accordingly disposed of granting liberty to the petitioner to approach the concerned authority with a representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today the same shall be considered and disposed of on its own merits within a further period of eight weeks thereafter after grant of an opportunity of being heard to the petitioner, in accordance with law.

6. It is made clear that the corrigendum letter dated 04.04.2007 shall not stand in the way of the authorities in taking a decision afresh in the case of the petitioner on its own merits in accordance with law.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.08.2017 Transmission Date N.A.