Rajeev Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9085 of 2012 ====================================================== RAJEEV KUMAR S/O Shri Devendra Prasad Singh R/O Village- Sonapur Dih, P.O.- Hanspur, Police Station- Nayagaon, District- Begusarai ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR and ORS Home Police Department, Govt. Of Bihar, Patna 2.

The Director General Of Police, Bihar, Patna 3.

The Deputy Inspector General Of Police, Munger Range, Munger 4.

The Superintendent Of Police, Begusarai 5.

The Commandant, B.M.P. 13, Darbhanga 6.

The Commandant, B.M.P. 8, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sharma For the Respondent/s :

Mr. Neeraj Nandan GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned counsel appearing for the State.

2. The present writ application has been filed seeking direction upon the respondents to select the petitioner as constable in BMP, Begusarai as he has applied for the post of constable.

3. A counter affidavit has been filed on behalf of the State interalia stating that there is no vacant post in B.M.P.-8, Begusarai for the advertisement of the year 2004 and the candidates last selected on the basis of merit cum- waiting list among general candidate, who is Prakash Kumar Yadav, whose

Patna High Court CWJC No.9085 of 2012(4) dt.14-12-2023 2/2 name figured at Sr. No. 51 having obtained 13 marks which was the last cut of marks for appointment of constable and the petitioner's name figured at Sr. No. 65 and the petitioner has obtained only 10 marks, therefore, the petitioner could not be selected for the post of constable.

4. Relying upon the aforesaid facts, the learned counsel for the State submits that the petitioner has got no cause of action warranting interference of this Court.

5. Taking note of the stand of the State as well as the material fact available on record, this Court is of the view that since the petitioner has failed to secure the last cut off marks of 13 in his category and, accordingly, declared unsuccessful for the appointment on the post of Constable, the petitioner has failed to make out a case for appointment on the post of Constable and no cause of action arisen warranting interference of this Court. Hence, this writ application is dismissed being devoid of merit. (Rajesh Kumar Verma, J) brajesh/- U