Anup Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10649 of 2020 ====================================================== Anup Kumar Yadav S/o Muneshwar Ray Homeguard Constable No. 211755, Roll No. 3347050607, Resident of Jagdishpur, Bhagwanpur Hat, Siwan, Bihar- 841408.

... ... Petitioner/s

Versus

1.

The State of Bihar through that the Petitioner Principal Secretary, Home (Police) Department, Bihar, Patna.

2.

The Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna. 3.

The Additional Chief Secretary, Home Department (Police), Govt. of Bihar, Patna.

4.

The Director General of Police, Bihar, Patna. 5.

The Chairman, Central Selection (Police Recruitment) Board, Sardar Patel Bhawan, 6th Floor, Block A/626, Jawaharlal Nehru Marg, Patna- 800023. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Respondent/s :

Mr. Md. Nadim Seraj, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:

"(i) For direction upon the respondents to allow the petitioners to appear in the Physical Efficiency Test (PET) for selection of Constable in Bihar Police/ Bihar Military Police/ etc. pursuant to Advertisement no. - 02/2019 which is scheduled to be held in the month of July 2020 in which petitioners have not been called for PET through they have appeared in the written examination.

(ii) For further direction upon the respondents to declare the petitioner's written examination outcome as though

Patna High Court CWJC No.10649 of 2020 dt.11-01-2022 2/2 they are Home Guard constable category, their cases have not been considered as per 50% vacancies carved out for them in pursuance of clause 17(ii) of the Advertisement no. 02/2019.

(iii) For consequently directing the respondents to complete the selection procedures of the petitioners after giving due weightage of their experience in Home Guard as constable since year 2017.

(iv) For further stay of the selection procedures of Constable Recruitment in Advertisement no. - 02/2019 till the final outcome of this case.

(v) For alternatively directing the respondents to keep vacant substantive posts of constables in Home Guard reserve category for the petitioner's till the final outcome of this case.

(vi) For grant of any other relief/ reliefs which the petitioners may be entitled to in the facts and circumstances of the present case."

3. Having regard to the relief sought in the present petition that petitioner be permitted to appear in physical efficiency test in the month of July, 2020 is impracticable as on this date.

4. Accordingly, the instant petition stands dismissed having become infructuous.

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