Madan Kumar Ram And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5761 of 2018 ====================================================== 1.

Madan Kumar Ram and Ors Son of Kailash Ram, Resident of Maujampur, Maujampur, Naraon, Awtar Nagar, Bihar, Saran, 841216. 2.

Munna Kumar Yadav, Son of Hari Yadav, Resident of Village- Dumra, Dumra, Lauriya, Bihar, West Champaran 845453. 3.

Ravish Kumar, Son of Suyra Narayan Yadav, Resident of Chandwara, Suhridnagar, Mufasil, Bihar Begusarai 851218. 4.

Tulsi Goshwami, Son of Kameshwar Goshwami, Resident of Bhadwa, Patsouri Khaira, Rajoun, Bihar, Banka, 813107. 5.

Kamlesh Paswan, Son of Shivnandan Paswan, Resident of Rajaura, Barbigha, Barbigha, Bihar, Sheikhpura 811101. 6.

Pramod Kumar Pandit, Son of Rajendra Lal Pandit, Resident of Ward No. 5, Simalbari, Powakhali, Powakhali, Bihar, Kishanganj 855108. 7.

Niranjan Kumar, Son of Rajendra Prasad, Resident of Ward No. 29, Bagha Raghuvar Nagar, Suhirdnagar, Lohiyanar OP, Bihar Begusarai, 851218. 8.

Vijay Pratap Singh, Son of Shivram Singh, Resident of Motha, Motha, Karakar, Bihar, Rohtas, 802212.

9.

Parmod Kumar Manjhi, Son of Ram Ayodhya Manjhi Resident of Santha Naraon, Awatar Nagar, Bihar, Saran 841216.

10.

Vinay Kumar Ray, Son of Virendra Ray, Resident of Baragopal, Naraon, Awartnagar, Bihar, Saran- 841216.

11.

Rajnath Manjhi, son of Jagjitan Manjhi, Resident of Sirsa Rai, Saray Box, Bheldi Bihar, Saran 841311.

12.

Rajeev Ranjan, Son of Virendra Ram, Resident of Sadhpur, Jamanpura, Daudpur, Bihar, Saran- 841201.

13.

Anil Kumar, Son of Nemu Lal Harijan Resident of at- Ahmad Nagar, Moudho, Kochadhaman, Bihar, Kishanganj, 855115. 14.

Manmohan Kumar, Son of Brahmdev Paswan, Resident of Fakrabad, Sonepur, Sonepur, Bihar Saran, 841101.

15.

Mithilesh Kumar, Son of Saroj Singh, Resident of Marhowrah, Marhowrah, Marhowrah Bihar, Saran- 841418.

16.

Alieen Kumar Singh, Son of Shiwahandan Singh, Resident of Dumari Chhapiya, Dumari Chhapiya, Taraiya, Bihar, Saran, 841417. 17.

Bhanu Kumar Singh, Kamleshwar Singh, Resident of Naraon Tola, Naraon, Awatar Nagar, Bihar, Saran, 841216.

18.

Arjun Prasad, Son of Anirudh Prasad, Resident of Village- Bagdiha, Post Office- Satjora Bazar, Police Station- Panapur, Bihar, Saran 841410. 19.

Jayram Kumar Paswan, Son of Rajeshwar Paswan, Resident of Kamalpur, Kamalpur, B Kothi, Bihar Purnea, 854203.

20.

Pankaj Manjhi, Son of Ramdenra Manjhi, Resident of Sahajitpur, Sahajitpur, Bihar, Saran 841422.

2/4 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director General of Police, Bihar, Patna. 3.

The Chairman, Central Selecton Board of Constable, Bihar, Patna. 4.

The Secretary, Central Selecton Board of Constable, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Advocate Mr. Kanishk Kaustubh, Advocate For the Respondent/s :

Mr. Md.Nadeem Seraj, G.P. 5 For the C.S.B.C.

:

Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2023 Heard Mr. Kanishk Kaustubh, learned Counsel for the petitioners and Mr. Binod Kumar Mishra, learned Counsel for the Central Selection Board of Constable.

2. The present petition has been preferred for the following reliefs:- (i) for issuance of direction to the respondent authorities to re-conduct the running test of the petitioner's in connection with Advertisement No. 1/ 2017 issued by the Central Selection Board of Constable, Bihar, Patna for the recruitment on the post of constable as the petitioner's duly qualified the running within a period of six minutes, but they were declared disqualified and returned back without assigning / disclosing the

3/4 reason of their disqualification in writing;

(ii) the petitioners further prays that after holding their physical examination their candidature be considered for the final selection on the post of constable in connection with Advertisement No. 1 of 2017 issued by the Central Selection Board of Constable if they fulfills the other eligibility criteria and comes within the zone of consideration.

3. A counter affidavit on behalf of the respondent nos. 3 and 4 is on record and paragraph 4 read as follows:- "4. That the present writ petition has been filed by the petitioners for direction to the respondent authorities to re-conduct the running test of the petitioners in connection with the Advertisement No. 01/2017 issued by the Central Selection Board of Constable, Bihar, Patna for the recruitment on the post of Constable as the petitioners duly qualified the running within a period of six minutes but they were declared disqualified and returned back without assigning / disclosing the reason of their disqualification in writing and further after holding their physical examination their candidature be considered for the final selection on the post of Constables in connection with the Advertisement No. 01/2017 issued by the Central Selection Board of Constable, if they fulfill the eligibility criteria and comes within the zone of consideration."

4/4

4. From the facts, it is clear that the petitioners failed to clear the physical test and in that background, their cases were not considered/rejected.

5. No case of interference is required.

6. The writ petition stands dismissed.

(Rajiv Roy, J) Neha/- U