Saroj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2420 of 2016 ====================================================== Saroj Kumar Son of Sri Guneshwar Bharti Resident of village Akha Vishanpur, P.O. Akha P.S. Ujiarpur, District - Samastipur .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary Home Deptt. Bihar, Patna

2. The Director General of Police ( D.G.P. ) Old Secretariat, Bihar, Patna

3. The Chairman, Central Selection Board (Constable Recruitment), Sri Sai Tara Complex, I.A.S. Colony, Jawaharlal Nehru Marg Patna

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

5. The Superintendent of Police, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Dr. Manoj Kumar, Adv. For the Respondent/s : Mr. Kameshwar Kumar, GP-13 Mr. Arbind Kumar, AC to GP-13 For the CSBC : Mr. Sanjay Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-12-2017 Heard Dr. Manoj Kumar, learned counsel for the petitioner, learned counsel for the State and Mr. Sanjay Pandey, learned counsel for the Central Selection Board. Although the petitioner in this writ petition has prayed for a direction in the nature of mandamus to command the respondents to issue appointment letter for the petitioner to the post of Constable in the District Police Force but on receiving the counter affidavit from the Central Selection Board Dr. Kumar does admit that the issue raised in the writ petition was a subject matter in C.W.J.C.No. 1953/2011 (Anil Kumar vs. the State of Bihar & ors.) and a Bench of this Court while examining an

Patna High Court CWJC No.2420 of 2016 (2) dt.20-12-2017 identical issue has decided against the petitioner of the said case to dismiss the writ petition and which judgment and order of the Single Judge has been affirmed by the Division Bench in L.P.A.No. 1276/2012, present at Annexures 'E series'. In view of the legal position settled by this Court on the issue to mismatch as regarding incorrect mentioning of caste status in the application form placed at Annexure 1 as affirmed until the Division Bench, the prayer made by the petitioner would have to be rejected in the light of the judgments so passed and the writ petition is accordingly disposed of.

(Jyoti Saran, J) Surendra/- U