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Patna High CourtL.P.A/604/2019dismissed

Nikhil Kumar v. The State Of Bihar

2021-03-15The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.604 of 2019 In Civil Writ Jurisdiction Case No.6556 of 2019 ====================================================== Nikhil Kumar, Son of Jayshankar Yadav, Resident of Mohalla- Purnia Court Station, Near Durga Mandir, P.S.- K.Hat, Distt.- Purnia. ... ... Appellant/s

Versus

1.

The State of Bihar through the Chairman, Central Selection Board (Constable Appointment), Bihar, Patna.

2.

The Secretary Personnel Department, Government of Bihar. 3.

The Director General of Police (Home), Bihar, Patna. 4.

The Additional Director General of Police (Home), Bihar, Patna. 5.

The Inspector General of Police (Home), Bihar, Patna. 6.

Deputy Inspector General of Police (Home), Bihar, Patna. ... ... Respondent/s Appearance :

For the Appellant/s :

Mr.Vijay Shankar Shrivastava, Adv.

For the Respondent/s :

Mr.Prabhat Kumar Verma, Sr. Adv. (AAG-3) :

Mr. Suman Kumar Jha, AC to AAG-3 For C.S.B.C.

:

Mr. Sanjay Pandey, Adv.

:

Mr. Binod Kumar Mishra, Adv.

:

Mr. Vivek Anand Amritesh, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-03-2021 Heard the parties.

Aggrieved by judgment and order dated 30.04.2019 passed by learned Single Judge of this Hon'ble Court passed in C.W.J.C. No. 6556 of 2019 dismissing the writ petition, present L.P.A. has been filed by appellant/petitioner. Appellant had filed writ petition for direction to

Patna High Court L.P.A No.604 of 2019 dt.15-03-2021 2/3 respondent authorities to appoint him on the post of DriverConstable in the police department/fireman- driver in the Bihar Fire Brigade Department.

Counter affidavit has been filed on behalf of respondents in which it has been stated that appellant had passed the written examination and physical evaluation test and thereafter he was called for driving efficiency test on 10.01.2019 and he appeared on said date but could not be selected for the said post as he has secured lesser marks than the cut-off marks in his reservation category i.e. BC-M. Appellant has secured 67 marks and the cut-off marks in his reservation category i.e. BCM is 68. It has been further stated that merit list for the post of Driver Constable was prepared on the basis of marks obtained in the driving efficiency test. Appellant was provided information with regard to his non-selection on the said post under the Right to Information Act, vide memo no. 125 dated 28.02.2019 and memo no. 267 dated 14.05.

2019, with respect to marks he had secured test wise in the driving efficiency test which has been enclosed as Annexures- B and C to the counter affidavit.

Patna High Court L.P.A No.604 of 2019 dt.15-03-2021 3/3 interference by the Court, accordingly, the L.P.A. is dismissed. (Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.03.2021 Transmission Date NA