Anup Kumar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14235 of 2024 ====================================================== Anup Kumar Chaubey S/o Uma Shankar Chaubey Resident of Village Chhap, P.O. Chhap Mathiya, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Chairman, Central Recruitment Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawaharlal Nehru Marg, Patna-23. 4.

The Secretary, Central Recruitment Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawaharlal Nehru Marg, Patna-23. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandeep Jha, Adv For the Respondent/s :

Mr.Government Pleader (20) For the CSBC :

Mr. Sanjay Pandey, Adv Mr. Binod Kumar Mishra, Adv Mr. Vivek Anand Amritesh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ application has been filed for directing the respondent authorities to select the petitioner as Constable in District Police, who has been qualified for selection on the post of constable after participation in written test, physical test etc. but has not been selected only for the reason that the cut-off date of the date of birth was set at 29.03.1996 and the date of birth of the petitioner was 11.05.1996, which is in contradiction with the advertisement

Patna High Court CWJC No.14235 of 2024(2) dt.19-09-2024 2/3 where it was mentioned that 18-25 years of age were the cut off date.

3. Learned Counsel for the petitioner submits that petitioner has moved before this Hon'ble Court in C.W.J.C. No. 18420 of 2022 in which vide order dated 23.04.2024, writ petition was dismissed granting liberty to the petitioner to approach the respondent authority for redressal of his grievances. He further submits that petitioner has filed the representation and upon the petitioner's representation, order has been passed by the respondent authority and has been communicated to the petitioner vide letter no. 754 dated 14.05.2024 (Annexure-P/7). But the petitioner being aggrieved and dissatisfied with the order passed by the respondent authority, has preferred the present writ petition.

4. Learned Counsel for the Central Selection Board of Constable submits that it has been categorically mentioned in the letter no. 754 dated 14.05.2024 that petitioner could not be selected due to deficiency in the date of birth. The said letter has been communicated to the petitioner.

5. Upon perusal of the aforesaid letter, it transpires to this Court that the deficiency in the date of birth is clearly mentioned. As such, this Court is not inclined to interfere with

Patna High Court CWJC No.14235 of 2024(2) dt.19-09-2024 3/3 the order passed by the respondent authority.

6. Accordingly, the present writ petition stands dismissed.

(Dr. Anshuman, J) Sunnykr/- U