Jyoti Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19919 of 2011 ====================================================== Jyoti Kumari D/O Late Sri Kant Singh Resident Of Village Suraundha, P.O. Paibigha, Police Station Belaganj, District Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Director General Of Police, Bihar, Patna

2. The Principal Secretary, Department Of Home (Police), Govt. Of Bihar, Patna

3. The Principal Secretary, General Administrative Department, Personal Administrative Reforms Department, Govt. Of Bihar, Patna

4. The Central Selection Board Of Constable , Bihar , Patna Through Its Secretary

5. The Chairman Of Central Selection Board Of Constable, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-05-2016 Heard Sri Tej Narayan Singh, learned counsel for the petitioner, learned AC to GP No. 11 as well as Sri Sanjay Pandey, learned counsel who has appeared on behalf of the respondent no. 4 and 5/ Central Selection Board (Constable Recruitment). The present writ petition pertains to a claim for being appointed as Constable pursuant to Advertisement No. 2 of 2009 . Without going into detail the court proposes to incorporate the statement made in paragraph no. 17 of the counter affidavit, as follows:-"17. That it is stated that the petitioner namely Jyoti Kumari (Roll No. 62160165) belongs to the Backward Class Female Non Home Guard (BC-F-NHG) category. She has

Patna High Court CWJC No.19919 of 2011 (3) dt.06-05-2016 2/2 secured lesser marks than the last recommended candidate in her category. The petitioner has secured 31 marks and the cut off marks in her category is 37 marks."

Though by making specific stand it has been asserted that none of the candidates having lesser marks than the petitioner has been selected, the said stand has not been controverted by filing any reply. Meaning thereby, that it is not a case that any candidate having lesser marks than the petitioner has been selected and as such, it can not be a case of infringement of any right of the petitioner. Accordingly, there is no reason to pass any favourable order.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U