Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18660 of 2019 ====================================================== 1.

Rajiv Kumar S/o Deoki Nandan Prasad Resident of Village- Ekadari, P.S.- Chauradano, District- East Champaran, Bihar.

2.

Ravi Kumar S/o Ram Bashisht Singh Resident of Road No.5A, Ashok Nagar, P.S.- Kankerbagh, District- Patna, Bihar. 3.

Sunil Kumar Gupta S/o Late Devi Prasad Resident of Village/Mohalla- Near Sanskrit Colloge, Block Road, P.S.- Narkatiyaganj, District- West Champaran, Bihar.

4.

Shesh Nath Vishwakarma Son of Ram Ganesh Thakur Resident of VillagePokhraira, P.S.- Saraiya, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Ministry of Home, Govt. of Bihar, Old Secretariat, P.S.- Sachivalaya, Patna.

2.

The Joint Secretary, Department of Home, Govt. of Bihar, Old Secretariat, P.S.- Sachivalaya, District- Patna.

3.

The Director General of Police, Old Secretariat, P.S.- Sachivalaya, Patna. 4.

The Inspector General of Police, Bihar Police Headquarters, Patna, Bihar. 5.

The Additional Inspector General of Police, Bihar Police Headquarters, Patna, Bihar.

6.

The Bihar Staff Selection Commission, through its Secretary, P.S. Veterinary College Campus, Off Bailey Road, Patna, Bihar. 7.

The Chairman, Bihar Staff Selection Commission, P.O.- Veterinary College, Bailey Road, Patna, Bihar.

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Respondent/s :

Mr.Md.Nadim Seraj, GP-5 For the BSSC :

Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2021 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a writ in the nature of writ of mandamus or any other appropriate writ, order, direction

Patna High Court CWJC No.18660 of 2019(5) dt.18-03-2021 2/3 commanding the respondents to appoint the petitioners to the post of Sub Inspector so as to ensure protection of the petitioner's fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India which is purported to be transgressed by the Respondents, in violation of the order passed by the Hon'ble Apex Court on 14.09.2017 passed in a bath of matters, the lead one being Civil Appeal Nos.

2795-2797 of 2017 and order dated 08.05.2018 passed by the Hon'ble Apex Court in Contempt Petition (Civil) Nos.

14-18 of 2018 in Civil Appeal Nos. 28062810 of 2017 and (ii) Issue a writ in the nature of mandamus or any other appropriate writ, order, direction commanding the Respondents herein to consider the case of the petitioner's herein on merits as they have appointed candidates securing lesser marks than the petitioners and further to pass appropriate order appointing the petitioners, if they are found medically fit.

The learned counsel for the parties jointly

Patna High Court CWJC No.18660 of 2019(5) dt.18-03-2021 3/3 submit that the issue involved in the present writ petition has already stood adjudicated, by an order dated 26.04.2019 passed by a coordinate Bench of this Court in CWJC No. 6913 of 2019 (Vinay Kumar Singh & Ors. vs. The State of Bihar & Ors.), paragraph no. 5 whereof is reproduced hereinbelow:- "In any view of the matter, considering the fact that the issue now stands closed with the selection process having been completed long time back, this Court is not inclined to entertain such petitions seeking appointment on the post of Sub-Inspectors against the advertisement of the year 2004."

Accordingly, the present writ petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U