Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12456 of 2021 ====================================================== Ranjeet Paswan, Son of Vindeshwar Paswan, Resident of villageHarsinghpur, Lautan, P.O.- Muraul, P.S.- Sakra, Block- Muraul, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Govt. of Bihar, Main Secretariat Patna.

2.

The Home Secretary Govt. of Bihar, Main Secretariat, Patna. 3.

The Director General of Police Home Guard Main Secretariat, Patna. 4.

The District Magistrate Muzaffarpur, District - Muzaffarpur. 5.

The Commandant, Home Guard, Company Bagh, Red Cross District - Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Respondent/s :

Mr. Dhurendra Kumar, AC to GP- 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-07-2025 Heard the parties.

2. The petitioner is the aspirant to the post of Home-guard in the district of Muzaffarpur under Advertisement No. 2 of 2011 has approached this Court seeking a direction upon the authorities concerned to fill up the remaining vacancies of Home guards in the district of Muzaffarpur, which vacancies has arisen on account of death, retirement and nonjoining of the some of the successful candidates.

3. Learned Advocate for the petitioner referring to the averments and the annexures appended to the writ petition

2/4 has contended that that the issue with regard to the preparation of merit list, stood settled by this Court in C.W.J.C. No. 11645 of 2019, wherein this Court has directed the respondents to publish provisional and final merit list on the district wise basis. The order of this Court has been placed on record as AnnexureP/4 to the writ petition. The order of the learned Single Judge was put to challenge in L.P.A. No. 645 of 2021 by the State of Bihar and Others, which also came to be dismissed on 20.06.2024. The matter travelled up to the Apex Court in SLP (C) No. 21079 of 2024, which also stood dismissed on 30.09.2024. It is the contention of the petitioners that despite the issue settled up to the Apex Court, the respondent authorities are sitting tight over the matter and till date, they have not revised the final merit list in terms of the order of this Court passed in C.W.J.C. No. 11645 of 2019.

4. Reliance has also been placed on a decision rendered by the learned co-ordinate Bench of this Court in C.W.J.C. No. 1338 of 2023, which was disposed off vide order dated 17.10.2024 with a direction to the concerned District Magistrate to consider the grievance of the writ-petitioners expeditiously in the light of the law laid down by this Court in L.P.A. No. 645 of 2021 and other analogous cases.

3/4

5. Learned Advocate for the petitioner further contended that in the light of the different orders passed by this Court, the case of other identically situated persons have been considered and they have been selected and accorded appointment letters. Learned Advocate for the petitioner, on instruction, also submitted that still the posts are vacant in the district of Muzaffarpur.

6. On the other hand, learned Advocate for the State vehemently contended that the entire selection process in terms of Advertisement no.2/2011 came to be finalized and given a complete quietus, however, if the petitioner has raised his grievance, seeking parity with other persons, he may approach before the authority concerned and justify that his case is based on parity.

7. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties, the instant writ petition stands disposed of with a liberty to the petitioner to approach before respondent no.5 preferably within a period of four weeks from today.

8. In case, the petitioner approaches before the respondent no.5 with a detailed representation along with the order of this Court, the same shall be considered and disposed of by a reasoned and speaking order in the light of the order

4/4 aforenoted within a further period of three months.

9. The writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2025 Transmission Date NA