The State Of Bihar And ORS v. Ram Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1108 of 2014 In Civil Writ Jurisdiction Case No. 20739 of 2011 ======================================================

1. The State Of Bihar

2. The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

3. The Joint Secretary ( Establishment), Department of General Administration, Government of Bihar, Patna.

4. The Chairman, Selection Committee ( Distinguish Sports Man) through the Principal Secretary, Department of General Administration, Government of Bihar, Patna.

5. The Secretary, Art, Culture and Youth Department, Government of Bihar, Patna.

6. The Director General, Bihar State Sports Authority, Patna. .... .... Appellant/s

Versus

1. Ram Singh Son of Shri Surya Narayan Singh resident of Village Barhulia, PO Barhulia, PS Andar, District- Siwan.

2. Prabhakar Nigam Son of Shri Jai Kant Paswan resident of Village Bagras, PS Bakhari, District Begusarai, at present Airport Colonyu, Quarter No.Met 2/8............., Patna- 14.

3. Aniket Kumar Son of Shri Saligram Prasad Resident of Mohalla Sritola, Ara, PO and PS Nawada, District Bhojpur.

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

For the Appellant/s : Mr. Chandra Shekhar Singh For the Respondent/s : Mr. Udit Narayan Singh with Mr. Gajendra Kumar Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-07-2015 The matter pertains to consideration of certain players in the preparation of panel for hockey. The respondents herein are hockey players. They participated in various events. When they were not being considered in the panel by the appellants, they approached this Court by filing

Patna High Court LPA No.1108 of 2014 (5) dt.07-07-2015 2/3 C.W.J.C.No.20739 of 2011. From the pleading it emerged that the respondents participated in certain events by wrongly stating their dates of birth, which are at variance with those in the matriculation certificates. The learned single Judge took the view that participation of the respondents on the basis of wrong dates of birth shall not be taken into account, but the one as regards which there is no controversy, shall be taken into account. The said order is challenged in the L.P.A.

2. Heard Mr.Chandra Shekhar Singh, A.C. to G.P.6 for the appellants and Mr.Udit Narayan, learned counsel for the respondents.

3. In all fairness to the respondents on the one hand and the appellants on the other hand, the learned single Judge maintained a clear distinction between the events in which the respondents have stated their respective dates of birth. May be in their anxiety to participate in certain events meant for junior players, the respondents have shown the dates of birth, which are at variance with those mentioned in the matriculation certificates. Even if such participation is excluded from consideration, there is no reason why the performance of the respondents in the events in which they participated by stating correct dates of birth must be omitted from consideration. We do not find any basis for

Patna High Court LPA No.1108 of 2014 (5) dt.07-07-2015 3/3 interference in the order passed by the learned single Judge.

4. This L.P.A. is, accordingly, dismissed.

(L. Narasimha Reddy,CJ) (Sudhir Singh, J) BK.Roy/- U