Patna High CourtCWJC/18100/2011dismissed

Sanjay Kumar v. The State Of Bihar And ORS

2016-10-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18100 of 2011 ====================================================== Sanjay Kumar S/O Bhupendra Prasad Yadav Resident of Village Tamout Parsa, Ward No. 6 Via and P.S.- Murliganj, Dist. Madhepura .... .... Petitioner

Versus

1. The State of Bihar through D.G.P. Bihar, Patna

2. The Central Selection Board (Constable Recruitment), Bihar, Patna through Its Secretary

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

4. The Secretary of the Central Selection Board (Constable Recruitment), Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Kumar For the Respondent/s : AC to Addl. Advocate General - 8 Mr. Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

28-10-2016 Heard Sri Durgesh Kumar, learned counsel for the petitioner, learned A.C. to Addl. Advocate General - 8 as well as Sri Sanjay Pandey, learned counsel, who has appeared on behalf of respondent no. 2 to 4/Central Selection Board for Constable Recruitment.

The petitioner has approached this Court with a prayer to direct the respondents to appoint him as constable in B.M.P., District Police treating him as finally selected, whereas, in this case, a counter affidavit has been filed on behalf of respondent no. 3 and 4 and it has been indicated that petitioner belongs to BCM-NHG category and he has secured 98 marks and the cut-off

Patna High Court CWJC No.18100 of 2011 (5) dt.28-10-2016 2/2 marks for the said category was 110. The fact disclosed in the counter affidavit has not been disputed by filing any reply. Meaning thereby that any candidate, having lesser marks than the petitioner, has not been selected.

Accordingly, there is no question for infringement of any right and in absence of infringement of any right, there is no question for entertaining the present petition. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U