Binita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10930 of 2021 ====================================================== Binita Kumari Daughter of Sri Shiv Chandra Choudhary, Resident of Villageand P.O.-Susta, Police Station-Sadar Muzaffarpur, District-Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bihar Police Awar Sewa Aayog through Chairman, Santosh Mansion, BBlock, Near R.P.S. Law University, Raghunath Path, Danapur, Patna801503. 3.
Chairman, Bihar Police Awar Sewa Aayog, Santosh Mansion, B-Block, Near R.P.S. Law University, Raghunath Path, Danapur, Patna-801503. 4.
Special Executive Officer, Bhiar Police Awar Sewa Aayog, Bihar, Patna. 5.
Chairman Selection Committee, Bihar Police Awar Sewa Aayog, Bhiar, Patna.
6.
Officer on Special Duty, Bihar Police Service Commission, Patna, Bailey Road, Patna (OSP BPSSC) ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Prasad, Advocate Mrs. Veena Kumari Jaiswal, Advocate For the Respondent/s :
Mr.Dhurendra Kumar, A.C. to G.P.
For BPSCC :
Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for BPSCC.
2. The petitioner asserts that on the date fixed for physical eligibility test, she had cleared the requisite bench mark in the jumping event. Whether the claim is with reference to long jump or high jump is not available in the averments of the writ application. It is submitted that she has wrongly been declared fail and that she should be given an opportunity to
Patna High Court CWJC No.10930 of 2021(3) dt.03-10-2023 2/2 clear the physical eligibility test event again.
3. There is no provision under which a candidate can be given a second chance after emerging unsuccessful. No candidate can claim such right merely by making a self-serving statement that she had jumped as per requirement but was wrongly declared unsuccessful, that also without alleging any specific mala fide against any person; and in a process of selection/recruitment being conducted at different stages by different persons.
4. The prayer in the writ petition, in the opinion of the Court, is misconceived.
5. The writ application is dismissed.
(Madhuresh Prasad, J) Pankaj/- U