Kumar Lakhandev Pradhan Alias Kumar Lakhan Dev Pradhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7456 of 2025 ====================================================== 1.

Kumar Lakhandev Pradhan alias Kumar Lakhan Dev Pradhan Son of Vinod Kumar Singh Resident of Village- Tarbangla, Dehri, P.S- Dehri, DistrictRohtas 2.

Amit Raj Son of Sri Raj Kumar Sah, Resident of Mohalla- Jani Bazar, Taksal Sanghat, P.O plus P.S- Sasaram, District- Rohtas ... ... 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, Patel Bhawan, Patna 4.

The District Magistrate, Sasaram, District- Sasaram at Rohtas 5.

The Commandant, Home Guard, Dehri On Sone, District- Sasaram at Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dhurjati Kr. Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-07-2025 Heard learned counsel for the petitioners as well as learned counsel for the Respondent- State.

2. These petition has been preferred by the petitioners seeking following reliefs:

(i) For issuance of an appropriate writ in the nature of Mandamus Commanding the Respondent Authorities to consider the case of the petitioners for appointment on the post of Home Guard at Sasaram District pursuant to the Advertisement 2 of 2011.

2/4 (ii) For passing the order regarding giving direction to respondent authority to take appropriate action in light of the order passed by this Hon'ble High Court vide order dated 05.02.2021 in C.W.J.C. No. 11645/2019 (Annesure P/3 of writ application) (iii) For passing the order regarding giving direction to respondent authority to take appropriate action to prepared fresh list as district wise and filled up total vacant post.

(iv) Any other Orders or orders as your lordship may deem fit and proper in the facts and circumstances of the case be granted to the Petitioners.

3. It is submitted by the counsel for the petitioners that pursuant to the advertisement no. 02/11 published on 30.07.2011, petitioners have participated in the recruitment process. According to the counsel, the recruitment was required to be made district wise however, when the final list was declared it appears that the merit list has been prepared on the basis of block level which is contrary to the advertisement. He further submits that the petitioners herein are the residents of district Sasaram at Rohtas, if the final list was declared district wise then all of them would have been selected. He further submits that some of the affected candidates approached this

3/4 Court in C.W.J.C. No. 11645 of 2019 (Manjay Kumar and another vs. The State of Bihar and others) and this Court vide its Order dated 05.02.2021 allowed the petition and directed the respondents that they should publish the merit list on the basis of district wise and not the block wise. He further submit that since the Order dated 05.02.2021 (supra) has attained finality therefore, the case of the petitioners is also squarely covered with the direction given by the Co-ordinate Bench of this Court in the said case i.e. C.W.J.C. No. 11645 of 2019.

4. Considering the above submissions made by the counsel of the petitioners it would be appropriate to dispose of this petition giving liberty to the petitioners to firstly make their representation before the respondent no. 04 accordingly, this petition are disposed of, petitioners are directed to firstly make their representation before the respondent no 04 raising all grounds which they raised in this writ petition within four weeks from today and in turn the respondent no 04 is also directed to consider and decided the same taking into consideration the observation made by the Coordinate Bench of this Court in the case of C.W.J.C. No. 11645 of 2019 (supra) and decide the same as early as possible probably within 60 days form the submission of such application.

4/4

5. With the aforesaid observations, this petition is disposed of.

(Arvind Singh Chandel , J) krishnakant/- U