Abhishek Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.152 of 2018 ====================================================== Abhishek Kumar S/o Bidya Bhushan Singh, R/o Village- Mahuari Jay Govind Nagar, P.S.- Barun, District- Aurangabad Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chairman, Central Selection Board Constable Selection, Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna 3.

The Secretary, Central Selection Board Constable Selection, Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna 4.

Director General of Police, Bihar, Patna.

5.

District Transport Officer, Patna.

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

For the Petitioner/s :

Mr. Lal Bahadur Singh For the Respondent/s :

Mr. N.S. Roy, AC to AG Mr. Sanjay Pandey, Adv Mr. Binod Kr. Mishra, Adv Mr. Vivek Anand Amritesh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-08-2022 Advertisement No. 01/2016 was issued for appointment of Driver Constable by the Central Selection Board. The petitioner has participated in the process of selection, which comprises physical evaluation, verification of documents and vehicle driving, etc. Altogether, 25693 candidates participated, out of which 25439 candidates were found fit to be considered in the process of selection. After the entire process, 1526 candidates were declared successful on 22.08.2017, as against 1577 vacancies.

The petitioner was declared unsuccessful in the

Patna High Court CWJC No.152 of 2018(6) dt.02-08-2022 2/3 process of selection. He has filed the writ petition assailing the process of selection.

Learned counsel for the petitioner submits that CCTV footage of the area, where the driving test was conducted may be re-examined, from which it would be evident that several persons, who were not even capable of driving, have been selected. The submission is that the petitioner has been discriminated and for favoring certain persons, the test was not conducted genuinely and those who are not capable of driving, they have been selected for driving.

Learned counsel for the respondent-Board has filed a counter-affidavit. It is specific assertion in the counter-affidavit that the petitioner has secured 29 marks in the general category as against cutoff 34 marks. Since he has secured much less than the cutoff marks, he has not been selected.

The writ petition, at the instance of an unsuccessful candidate, that also, seeking total reevaluation based on CCTV footage of the area in which the driving efficiency test has been conducted, is not considered by this Court to be worthconsideration. The petitioner has emerged unsuccessful based on the marks obtained by him. Therefore, there is no occasion for this Court to conduct re-evaluation based on CCTV footage of

Patna High Court CWJC No.152 of 2018(6) dt.02-08-2022 3/3 the area, where driving efficiency test has been conducted. Writ application is devoid of merits and dismissed. (Madhuresh Prasad, J) SUMIT/- U