Neelam Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3632 of 2014 IN Civil Writ Jurisdiction Case No. 1425 of 2011 =========================================================== Neelam Yadav Daughter of-Kanhaiya Yadav Resident of Village-Tilsara, Post Office-Chhewari, Via-Ramgarh, District-Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2. Sri Ashok Kumar Sinha, the Chief Secretary, the Government of Bihar, Patna. Son of not known

3. Sri Abhayanand, the Director General of Police, Bihar, Patna. Son of not known

4. The Central Selection Board (Constable Recruitment) Bihar, Patna through its Secretary.

5. The Chairman of the Central Selection Board (Constable Recruitment), Bihar, Patna.

6. The Secretary of the Central Selection Board (Constable Recruitment), Bihar, Patna.

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

For the Petitioner/s : None For C.S.B.C. Mr. Sanjay Pandey, Adv For the State : Mr. AC to AAG-10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 06-07-2017 Inter alia contending that an order passed on 28.03.2011 in C.W.J.C. No. 1425 of 2011 has not been complied with, this application has been filed for initiating action for contempt. The writ petition was disposed of in the light of the judgment passed in C.W.J.C. No. 14170 of 2010 and other analogous cases on 19.02.2011. The said judgment is available on record and has been filed by the petitioner and on going through the said judgment, it

Patna High Court MJC No.3632 of 2014 dt.06-07-2017 2/3 is seen that the matter pertains to appointment of Constables and the dispute was with regard to declaration of result and its publication. After considering the issue in detail and when the matter was taken up by the Court, the Court found that the result of the PET-2 was published on 18.12.2010 recommending appointment of 7879 candidates and when the matter was subsequently taken up by the Court, it was found that the result was published during the pendency of the writ application and the Court had directed not to fill up the post in pursuance to the result published on 18.12.2010. The Court was further of the view that no right had accrued to any of the candidate declared successful and recommended by the said result published on 18.12.2010.

The Court observed that as the result published had not been quashed, the respondents were directed to publish the revised result in the manner as indicated by this Court. Now show caused has been filed by the respondents, it is seen that in pursuance to the order passed in C.W.J.C. No. 14170 of 2010 after it was challenged in L.P.A and the L.P.A was disposed of, the revised result was published on 10.08.2010 and in the said list, petitioner secured only 12 marks in the appropriate category and that the minimum cut up mark for appointment was 37, it is indicated that petitioner has not been appointed.

Patna High Court MJC No.3632 of 2014 dt.06-07-2017 3/3 Keeping in view the show caused by the Central Selection Board of Constable, Bihar, now no further indulgence into the matter is called for as the respondents have taken action for publishing the revised list and it is seen that petitioner did not come within the merit to be granted appointment.

Accordingly the application is disposed of with liberty to the petitioner to challenge the action, in case, any grievance still subsists.

(Rajendra Menon, CJ) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11/07/2017 Transmission Date NA