Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8726 of 2024 ====================================================== Vinod Kumar son of Late Ramadhar Ram, resident of village- Nahsi, P.O.- Bagwan, P.S.- Garhani, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna.

2.

Additional Chief Secretary, Home Department, Bihar, Patna. 3.

Deputy Secretary, Home Department, Bihar, Patna. 4.

Director General-cum-Commandant General, Home Guards, Bihar, Patna. 5.

District Magistrate, Bhojpur.

6.

Superintendent of Police, Bhojpur.

7.

District Commandant, Bihar Home Guards, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshvardhan Shivsundaram, Advocate For the State :

Mr. Ramadhar Singh (GP-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for issuance of appropriate direction, order or writ in the nature of Mandamus commanding the respondents to consider for minimizing the physical proficiency criteria in the selection process of Home Guards in Bhojpur district pursuant to Advertisement No. 1/2006 taking into account the growing age of the candidates due to inordinate delay of about 18 years in selection process, so that required number of candidates could be selected and enrolled against the advertised vacancies.

3. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.8726 of 2024(2) dt.05-02-2026 2/2 petitioner has appeared in the Advertisement No. 1 of 2006. He submits that at the time of advertisement, he was fully fit and competent to be appointed. But, due to lapse on the part of the government, the appointment could not be taken place. Counsel submits that he has filed writ petition bearing C.W.J.C. No. 3743 of 2023, then only the selection process has been initiated. Counsel submits that with the span of time, the petitioner wants relaxation in the selection criteria.

4. Learned counsel for the State, on the other hand, submits that it is a policy matter and policy is applicable upon all the persons who appeared in the said examination process, and it cannot be changed.

5. In this view of the matter, this Court is of the firm view that fixing criteria for selection to any post is essentially a policy matter, and therefore, this Court restrains itself from altering such policy. Hence, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U