Patna High CourtCWJC/5190/2013dismissed

Aditya Kumar v. The State Of Bihar And ORS

2016-02-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5190 of 2013 ======================================================

1. Aditya Kumar S/O Rameshwar Paswan R/O Vill . -B.M.P. -7, Katihar, Officer Colony, Post - B.M.P. -7, Katihar, At Permanent Address - C/O Rameshwar Paswan, R/O Village - Ganjjalalpur, Post - Marchi, P.S. - Punpun, Distt. - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Central Selection Board Through Its Secretary, Constable Requirement Board, Back Harding Road, Patna

3. The Director General Of Police, Bihar

4. The Chairman Central Selection Board, Constable Recruitment Board, Back Harding Road, Patna (Bihar)

5. The Superintendent Of Police, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr. Mr. Rajeev Shekhar, AC to G.P.24 For the Respondent-CSBC: Mr. Sanjay Pandey Mr. Binod Kumar Mishra Mr. Vivek Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-02-2016 On 19.01.2015, the case was adjourned for one week at the instance of the learned counsel for the petitioner. Today, no one appeared on behalf of the petitioner.

In the present case, the petitioner is claiming for his appointment as Home Guard. The petitioner belongs to the Scheduled Caste Category, applied against the advertisement published by the Central Selection Board. He has appeared in the examination, but could not be selected as he has not obtained appropriate marks in the examination.

Patna High Court CWJC No.5190 of 2013 (4) dt.23-02-2016 2/2 This fact has also been stated in paragraph No.17 of the Counter Affidavit filed by the Central Selection Board of Constable, which is as follows:- "17. That it is stated that the petitioner namely Aditya Kumar (Roll No.86030179) belongs to Scheduled Caste Male Non Home Guard (SC-M-NHG) category. He has secured lesser marks than the last recommended candidate in his category. The petitioner has secured 71 marks and the cut off marks in his category is 74 marks."

In view of the specific statement made by the Centrall Selection Board of Constable, the present case is without merit. Accordingly, this writ petition is dismissed. (Shivaji Pandey, J) pawan/- U