Amrita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9086 of 2013 ====================================================== Amrita Kumari Daughter Of Santosh Kumar Mandal Resident Of Village - Gouripur, P.S.- Chandan, District - Banka ... ... Petitioner

Versus

1.

The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The D.G. Of Police Bihar Patna 3.

The Chairman Central Selection Board Bihar, Patna 4.

The Secretary Central Selection Board Bihar Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mrs .Shruti Sinha For the State :

Mr. Naman Nayak, AC to AAG 10 For CSBC :

Mr. Sanjay Pandey Mr. Binod Kumar Mishra Mr. Vivek Anand Amritesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-10-2019 It is submitted by learned Counsel appearing for the petitioner that she was initially declared as a successful candidate in the process of selection of Constables. The result was thereafter redone and in the fresh result dated 10.8.2011 petitioner's name was not figuring. It is his submission that without any opportunity petitioner's earlier successful result has been replaced by a result wherein she has been declared unsuccessful. The allegation is that the result is in violation of principles of natural justice.

The Board has filed a counter affidavit. The stand of the Board is that earlier result published on 18.12.2010 was

Patna High Court CWJC No.9086 of 2013(4) dt.22-10-2019 2/2 subject to proceedings in this Court regarding validity of the result. In view of pronouncement made by this Court in the proceedings arising out of CWJC No. 14170 of 2010 and the intra-court appeal proceedings arising out of LPA No. 634 of 2011 and analogous cases result was published afresh in view of directions passed in the said proceedings.

The said averments made in the counter affidavit, copy of which was served on the petitioner's Counsel in August 2013, have neither been denied or disputed by filing any rejoinder. Since the fresh result was published in light of orders passed by this Court, taken note of hereinabove, the petitioner cannot assail validity of the fresh result as per order passed in the writ proceedings or the LPA judgment have never been questioned by the petitioner in an appropriate forum nor she has responded to the averments made in the counter affidavit. The writ petition is therefore devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) SNkumar/- U