Om Shanti @ Om Shanti Kumari @ Om Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8840 of 2024 ====================================================== 1.

Om Shanti @ Om Shanti Kumari @ Om Shanti Devi D/o Shri Ram Uday Singh @ Shri Ram Udai Singh Yadav W/o Jay Prakash Singh, Resident of Magarpal House, Saguna More, P.S.- Danapur, District- Patna (Bihar), Pin code- 801503, At present address Ward No.- 12, House No.- 41, Judo Vihar, Saguna, Danapur- cum-Khagaul, (Danapur) Patna, Bihar- 801503. 2.

Rupa Rani, D/o- Shri Ram Uday Singh @ Shri Ram Udai Singh Yadav, Resident of Gas Agency Road, Saguna More, P.S.- Danapur, Patna (Bihar) Pin code- 801503.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Bihar Government, Patna- 800001.

2.

The Deputy Secretary, General Administration Department, Bihar Government, Patna- 800001.

3.

The Principal Secretary, Art, Culture and Youth Department, Vikas Bhawan, Baily Road, Patna- 800001.

4.

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

The Director General, Bihar State Sports Authority, Moin- ul-haq Stadium, Rajendra Nagar, Patna, Bihar- 800016.

6.

The Judo Federation of India, through its General Secretary, 264, 1st Floor, Hari Nagar, Ashram, New Delhi-110014.

7.

The Bihar State Judo Association, through its Secretary, Judo Vihar, New Saguna, Danapur, Patna, Bihar- 801503.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Respondent/s :

Mr. Kumar Manish, SC-5 Mr. Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-02-2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.

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2. Learned counsel for the petitioners submits that the petitioners are Judo players and, by virtue of the circular issued by the Government, they are entitled to appointment to posts falling under Group 'C' / Group 'D', as the case may be. Learned counsel further submits that the Bihar Outstanding Sports Persons Appointment Rules, 2014 (hereinafter referred to as the "Rules of 2014") were notified with effect from 04.12.2014. It is contended that the petitioners are eligible candidates under the said Rules of 2014 and had applied pursuant to the invitation of applications by the State of Bihar. However, their cases were not considered on the ground of certain allegations, followed by the lodging of an FIR, being Sachiwalaya P.S. Case No. 3 of 2021.

3. Learned counsel for the petitioners further submits that the investigation in the said case has been completed and the case was found to be not true. The final report has been duly accepted by the competent criminal court. As such, the petitioners stand exonerated of the allegations made in the FIR. Thereafter, the petitioners submitted representations dated 02.02.2024 before the Principal Secretary, General Administration Department, Government of Bihar (as contained in Annexure P-14 series to the writ petition), which are still

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4. Learned counsel for the State, on the other hand, submits that a counter affidavit has been filed wherein the claim of the petitioners has been denied on the ground that the petitioners had allegedly committed fraud, for which a criminal case was pending. It is further submitted that although representations appear to have been filed before the Principal Secretary, General Administration Department, Government of Bihar, but final order has not been passed on the same.

5. It is admitted by learned counsel for the parties that the representations are still pending and no decision has been taken thereon.

6. In the aforesaid background, without entering into the merits or demerits of the case, this Court directs the petitioners to file fresh representations before the respondent No.1, namely, Principal Secretary, General Administration Department, Government of Bihar, Patna, within a period of 30 days from today, raising all the points urged in the present writ petition. Upon receipt of such representations, Respondent No. 1 shall consider the same and pass a reasoned and speaking order within a period of 90 days from the date of receipt/production of a copy of this order along with the

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7. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U