Citation : 2021 Latest Caselaw 5939 Patna
Judgement Date : 7 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9936 of 2021
======================================================
Vijay Kumar S/o-Nawal Kishor Sharma, R/o Village-Muriya Bigha, P.S.- Okari, District-Jahanabad.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Home Department of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Deputy Inspector General of Police Bihar (Personnel) BIhar, Patna.
4. The Bihar Staff Selection Commission, through its Secretary, Bihar, Patna.
5. The Chairman, Bihar Staff Selection Commission, Patna.
6. Uttam Kumar Jha S/o Dinesh Jha R/o Village-Dobhi, P.S.-Dobhi, District-
Gaya.
7. Sanjiv Kumar Rajak S/o Shayam Das Rajak, R/o Village-Chhotki Delha Gusal Khan Road Gaya, P.S.-Gaya, District-Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Avinash, Advocate For the State : Mr. Ajay Kumar, AC to GP 4 For the BSSC : Mr. Jitendra Kumar Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-12-2021
Heard learned counsels for respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
"1. For issuance of a writ in the nature of "mandamus" commanding and directing the respondent authorities to allow the petitioner for Medical verification, on the basis of departmental notification whereby and whereunder respondent no. 6 to 7 who have obtained lesser marks than the petitioner and allowed for Medical verification for the Patna High Court CWJC No.9936 of 2021 dt.07-12-2021
appointment to the post of Sub- Inspector of Police against the advertisement no.704/2004 and advertisement no. 511/2011 and further directed the petitioner to join the post of Sub-Inspector of Police.
(1A) For commanding the State respondents and Bihar Staff Selection Commission to give the petitioner made treatment as has been given to the candidates who have got lesser marks than the Petitioner on the ground of equity after amending the departmental order.
(1B) And also for consequential service benefit and monetary relief to the Petitioner like other candidates who have got lesser marks to the Petitioner/Appellants to the post of Sub-Inspector of Police against the Advertisement no. 704/2004 and Advertisement no. 511/2011.
(1C) For any other relief/reliefs, order/orders, direction/directions, for which the Petitioner is found to be entitled in the facts and circumstances of the case."
Learned counsel for the State furnishes judgment dated
26.04.2019 passed in CWJC No. 6913 of 2019 by which similarly
situated persons' petition to that of the petitioner has been
dismissed. He has pointed out paragraph 5 of the said judgment
which reads as under:-
Patna High Court CWJC No.9936 of 2021 dt.07-12-2021
"5. In any view of the matter, considering the fat that the issue now stands closed with the selection process having been completed long time back, this Court is not inclined to entertain such petitions seeking appointment on the post of Sub-Inspectors against the advertisement of the year 2004."
In the light of the aforesaid decision, the present petition
stands dismissed.
(P. B. Bajanthri, J) Vikash/-
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