Satya Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12804 of 2019 ====================================================== 1.

Satya Prakash Singh, son of Gajendra Kumar Singh, resident of VillageJamunipur, Church, P.O. and P.S. Maner, District- Patna. 2.

Sanjay Kumar, son of Ram Daresh Singh, resident of Village- Tetordih, P.O.- Hasan Bazar, District- Bhojpur.

3.

Sanjay Kumar Sajjan, son of Ramdutt Yadav, resident of Village- Jamuuaha Gidrahi, Village- Visanpur Kodalahi, Anchal- Kumarkhand, DistrictMadhepura. 4.

Dileep Choudhary, Son of Bishwanath Choudhary, resident of VillageKhanpatti, Ward No. 13, P.S. Bangaon, District- Saharsa. 5.

Birendra Roy, Son of Late Nandu Singh, resident of Village- Patiyawan, P.O.- Patiyawan, P.S.- Jehanabad, District- Jehanabad. 6.

Satish Kumar, Son of Chandradeo Sharma, resident of Village- Sagarpur, P.S.- Jehanabad, District- Jehanabad.

7.

Manoranjan Kumar, Son of Shree Bholanath Bhaskar, resident of VillageFaizullahpur, Village- Barbigha, Anchal and P.S.- Barbigha, DistrictSheikhpura. 8.

Raghwendra Kumar, Son of Shri Upendra Nath Sharma, resident of Village and P.O.- Ikkil, P.S.- Makhumpur, Ikkil, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Joint Secretary, Department of Home, Government of Bihar, Patna. 3.

The Director General of Police, Government of Bihar, Patna. 4.

The Inspector General of Police, Bihar Police Headquarters, Patna, Bihar. 5.

The Additional Inspector General of Police, Bihar Police Headquarters, Patna, Bihar.

6.

The Bihar Staff Selection Commission through its Secretary, P.O.- Veterinary College, Bailey Road, Patna.

7.

The Secretary, Bihar Staff Selection Commission, P.O.- Veterinary College, Bailey Road, Patna.

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

For the Petitioner/s :

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

Mr.Md. Nadim Seraj (GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-02-2021 The issue raised in the present writ application

Patna High Court CWJC No.12804 of 2019(3) dt.23-02-2021 2/3 was also the subject matter of C.W.J.C. No. 5424 of 2019 and C.W.J.C. No. 424 of 2019 and vide order dated 11.04.2019, a co-ordinate Bench of this Court has dismissed the said writ application. The relevant paragraphs of the order is quoted hereinbelow:- "4. The petitioners have approached this Court for a direction to the respondent authorities to appoint them on the post of SubInspectors in Bihar Police after exempting them from PET test against an advertisement which was issued in the year 2004 by the Bihar Staff Selection Commission, Patna.

5. Similar such matters were decided by this Court and by order dated 02.04.2019, this Court, taking into account the orders passed by the Hon'ble Supreme Court in various petitions as also Contempt Petition (C ) No. 1711 of 2018, dismissed such petitions on the ground of the matter being stale and the selection process as against the advertisement of 2004 having been completed a long time ago.

6. Mr. Nilendu Kumar Choudhary, learned counsel for the petitioners however taking exception to the observations made in the order dated 02.04.2019 passed in C.W.J.C. No. 5186 of 2019, which has been referred to in the preceding paragraph, has stated and informed

Patna High Court CWJC No.12804 of 2019(3) dt.23-02-2021 3/3 this Court that even after the aforesaid direction of the Supreme Court on 01.11.2018 directing that in case of refusal of the State Government to accede to the request of the petitioners therein, they would have no further right to agitate their claim before any Court, the Hon'ble Supreme Court has, in two matters, entertained such petitions. In one such case, an order was passed directing the petitioner therein to withdraw the writ petition from the High Court. In the other case, which has been entertained by the Supreme Court after the order dated 01.11.2018, notices have been issued to the Commission.

7. In any view of the matter, considering the fact that the issue now stands closed with the selection process having been completed long time back, this Court is not inclined to entertain such petitions seeking appointment on the post of Sub-Inspectors against the advertisement of the year 2004."

In order to maintain consistency, the present writ petition is also dismissed in similar terms. (Anil Kumar Upadhyay, J) Shageer/- U