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Patna High CourtCWJC/18420/2022dismissed

Anup Kumar Chaubey v. The State Of Bihar

2024-04-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18420 of 2022 ====================================================== Anup Kumar Chaubey son of Umashankar Chaubey resident of villageChhap, P.O. Chhap Mathiya, Police Station- Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the 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.Ajay Kumar Tiwary, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC- 8 ) For the CSBC :

Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-04-2024 The present writ petition has been filed seeking the following reliefs:- "1. i. For issuance of an appropriate writ in the nature of Mandamus for commanding and directing the respondent authorities concerned to select the petitioner as constable in District Police, who has qualified for selection as Constable after participation in written test, physical test etc. but he has been debarred from his selection only for the reason

Patna High Court CWJC No.18420 of 2022(2) dt.23-04-2024 2/3 that the cut off date of date of birth for the category i.e. E.W.S. of the petitioner is as alleged to be fixed 29.03.1996 whereas the date of birth of the petitioner is 11.05.1996.

ii) For issuance of an appropriate writ in the nature of Mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner for his selection on the post of constable as district police, who has qualified whose date of birth is 11.05.1996 and it is his last chance to be selected as Constable.

iii) For issuance of an appropriate writ in the nature of Mandamus for commanding and directing the respondent authorities concerned to select/appoint the petitioner as constable for which he is entitled to be selected as per the reservation roaster etc., who has qualified in written test, physical test etc. but he has been erroneously debarred from the selection on the flimsy ground of cut off date of date of birth, which was even not mentioned in the advertisement."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the

Patna High Court CWJC No.18420 of 2022(2) dt.23-04-2024 3/3 present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U