Rishiraj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15045 of 2018 ====================================================== Rishiraj, S/o Ashok Singh, Resident of Village and Post- Shobhani, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chairman, Central Selection Board (Constable Selection), Bihra, Patna, Sri Sai Rara Complex, I.A.S. Colony, Jawaharlal Nehru Marg, Patna-801503.

2.

The Principal Secretary, Department of Home, Old Secretariat, Patna800001. 3.

The Director General of Police, Bihar, Patna, Old Secretariat, Patna800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravindra Kumar Sinha, Advocate For the State :

Mr. Ajay Kumar, AC to GP-4 For the C.S.B.C.

:

Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-07-2022 The petitioner was an applicant in the process of selection for Constable under Advertisement No. 01/2017 dated 29.07.2017. He has not been selected and accordingly the writ application has been filed seeking a direction upon the respondents to select him.

Paragraph 12 of the counter affidavit discloses that the petitioner has secured 62 marks, whereas the cut-off marks for general category candidates was 78. Petitioner being a general category candidate was much below the cut-off marks in terms of his performance. Therefore, he does not have any right to be

Patna High Court CWJC No.15045 of 2018(4) dt.12-07-2022 2/2 selected.

Petitioner's counsel submits that as per the advertisement, the number of vacancies were subject to modification, based on availability of posts. The respondents be directed to consider the petitioner's appointment against other vacancies that may exist.

Based on such probabilities, the petitioner cannot claim any right, when the fact is that he has obtained less than the cut-off marks.

The writ application is dismissed in view of the fact that the petitioner was much below the cut-off marks and has no right to be selected.

(Madhuresh Prasad, J) PNM/Shashank U