Manish Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16440 of 2024 ====================================================== Manish Kumar Tiwari, Son of Devasharan Tiwari, Resident of village- Haluar Tiwari Tola, Police Station - Sidhwalia, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

The Principal, Secretary, Home Department, Government of Bihar, Patna. 4.

The District Magistrate Cum Chairman, District Selection Committee Gopalganj.

5.

The Superintendent of Police, Gopalganj, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Waliur Rahman, Advocate For the Respondent/s :

Mr. Standing Counsel (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-10-2024 Heard the parties.

2. The petitioner who claimed to be one of the candidates of Advertisement No. 01 of 2011 notified for the selection of post of Home Guard so far it relates to DistrictGopalganj, is aggrieved by the final result dated 31.08.2017, as the entire selection process suffers from bungling and malpractices on the part of Selection Committee.

3. Learned counsel for the petitioner contended that the selection process stands vitiated on account of the fact that the advertisements were made for appointment of Home Guard on district wise but the respondent authorities have committed

Patna High Court CWJC No.16440 of 2024(2) dt.28-10-2024 2/3 malpractices and appointed the candidates on block wise. This issue has already been settled by this Court.

4. On a query made by this Court that the issue which came to be settled in the year 2017, the petitioner has approached after seven years, learned counsel for the petitioner contended that the petitioner had filed an intervenor application bearing I.A. No. 228 of 2018 in C.W.J.C. No. 14693 of 2017, however, the writ petition stood disposed off on 13.08.2024 without impleading the petitioner as an intervenor applicant.

5. On the other hand, learned counsel for the State contended that the entire process has come to an end and now the appointment have also taken place. At this belated stage, any order passed by this Court shall unsettle the settled position; apart from the writ petition is bad for non-joinder of necessary parties.

6. Considering the submissions advanced on behalf of the parties, this Court does not find any reason or occasion to interfere in the matter of selection procedure after such belated stage. However, the writ petitioner is at liberty, if so advised, to file a detailed representation containing the grievance, as has been raised in this Court, before the respondent no.4, The

Patna High Court CWJC No.16440 of 2024(2) dt.28-10-2024 3/3 District Magistrate cum Chairman, District Selection Committee, Gopalganj.

7. In case, such a representation is filed, preferably within a period of six weeks from today, the same shall be disposed off in the light of the judgment passed by this Court in C.W.J.C. No. 159 of 2018 and other analogous cases. (Harish Kumar, J) rohit/- U