Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10943 of 2019 ====================================================== 1.

Kanchan Kumari Wife of Sanjay Kumar Resident of Kanchan Bhawan, Amardeep Nagar, Ramkrishna Nagar Jyotish path, New Jaganpura, Police Station- Ramkrishna Nagar, District- Patna.

2.

Sarita Kumar Wife of Sri Ravishankar Pandey Resident of VillageMalaypur Basti, Police Station- Jamui, District- Jamui. 3.

Kamlesh Kumar Son of Rajeshwari Singh Resident of Ward No. -7, Rampur Dumra, Police Station- Maranchi, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Secretary Home Department, Government of Bihar, Patna. 3.

The Director General of Police Government of Bihar, Patna. 4.

The Bihar Staff Selection Commission Through its Secretary, Bailey Road, P.O.- Veterinary College Campus, Sheikhpura, Patna- 14. 5.

The Chairman Bihar Staff Selection Commission, Bailey Road, P.O.- Veterinary College Campus, Sheikhpura, Patna- 14. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the State :

Mr.Suman Kr. Jha, AC to AAG 3 For the Commission Mr. Satyabit Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-08-2019 Heard counsel for the petitioners and counsel for the respondents-State as well as counsel for the Commission. Counsel for the petitioners fairly submits that claim of other similarly situated as that of the petitioners has now been decided by order dated 11.04.2019 passed in CWJC no. 5424/2019. In the said case, this court has held as follows:- Para-6. "Mr. Nilendu Kumar Choudhary, learned counsel for the petitioners however taking

Patna High Court CWJC No.10943 of 2019(2) dt.08-08-2019 2/2 exception to the observations made in order dated 02.04.2019 passed in C.W.J.C. No. 5186 of 2019, which has been referred to in the preceding paragraph, has stated and informed this Court that even after the aforesaid direction of the Supreme Court on 01.11.2018 directing that in case of refusal of the State Government to accede to the request of the petitioners therein, they would have no further right to agitate their claim before any Court, the Hon'ble Supreme Court has, in two matters, entertained such petitions. In one such case, an order was passed directing the petitioner therein to withdraw the writ petition from the High Court. In the other case, which has been entertained by the Supreme Court after the order dated 01.11.2018, notices have been issued to the Commission".

Para-7 " In any view of the matter, considering the fact that the issue now stands closed with the selection process having been completed long time back, this Court is not inclined to entertain such petitions seeking appointment on the post of SubInspectors against the advertisement of the year 2004". In view of the aforesaid decision passed in respect of identical claim, petitioners also would not be entitled to any relief in respect of selection process of 2004. Writ petition is accordingly, dismissed.

s.hassan/- (Madhuresh Prasad, J) U