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Patna High CourtCWJC/16965/2021dismissed

Asha Raj Singh v. The State Of Bihar,

2024-02-07Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16965 of 2021 ====================================================== Asha Raj Singh D/o Dudhnath Singh R/o Vill and PO-Harnathpur, P.S.- Raghunathpur, Distt.-Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chairman, Central Selection Commission, Bihar, Patna.

2.

The Chairman, Central Selection Commission, Bihar, Patna. 3.

The Secretary, Central Selection Commission, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the CSBC :

Mr.Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 07-02-2024 The present writ petition has been filed seeking the following relief:- "(i) To issue a Writ (S) MANDMUS in nature directing the respondents authorities to grant extension of time for PET acting upon the application made by petitioner on 09/02/2018.

(ii) Further to issue a Writ (S) MANDMUS in nature directing the respondents to fix a new date for PET of petitioner since selection process is still continued and has not been concluded.

(iii) To issue a writ MANDMUS in nature

Patna High Court CWJC No.16965 of 2021 dt.07-02-2024 2/3 directing the respondent to appoint the petitioner to the post of Constable if found fit in PET test."

2.

At the outset, the learned counsel for the respondent-Central Selection Board of Constables has referred to paragraph no.14 of the counter affidavit, filed in the present case, to submit that there is no provision to grant relaxation to the pregnant candidates as far as extending the date of physical evaluation test is concerned, clause-14 of the result of written examination published by the Board clearly stipulates that the candidates must participate in the physical evaluation test on the fixed date and time and those who do not participate in the physical evaluation test on the fixed date and time, would not be given another opportunity and they would be declared as disqualified.

3.

Reference has been made in this connection by the learned counsel for the respondents on a judgment rendered by the learned Division Bench of this Court, reported in

Patna High Court CWJC No.16965 of 2021 dt.07-02-2024 3/3 2019(2) PLJR 281 (The Chairman, Central Selection Board (Constable Appointment) & Anr. vs. Ishika Raj & Anr.).

4.

Having regard to the facts and circumstances of this case, this Court finds that no extension of time can be granted to the petitioner to appear in the physical evaluation test, more particularly, considering the law laid down by the learned Division Bench of this Court in the case of Ishika Raj (supra), hence the present writ petition is dismissed being bereft of any merit.

(Mohit Kumar Shah, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.02.2024 Transmission Date NA