Citation : 2021 Latest Caselaw 6240 Patna
Judgement Date : 17 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6487 of 2020
======================================================
Savita Kumari @ Savita Devi, W/o Jitendra Prasad, Resident of Badi Patana Devi Colony, P.S. Sampatchak, Distt.- Patna.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna.
2. The Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.
3. The Director General of Police (D.G.P.), Bihar, Patna.
4. The Chairman, The Central Selection Board (Constable Recruitment), Bihar, Patna.
5. The Secretary, Central Selection Board (Constable Recruitment), Bihar, Patna.
6. The Senior S.P., Patna, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar No. 1, Advocate For the Respondent/s : Mr. Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-12-2021 Heard learned counsel for the parties.
2. In the instant petition, the petitioner has prayed for the
following reliefs:
"i. That, the present writ petition may kindly be disposed of exactly in terms of the common order passed in analogous cases C.W.J.C. No. 16937 of 2011, C.W.J.C. No. 13801 of 2011, C.W.J.C. No. 13800 of 2011, C.W.J.C. No. 14754 of 2012 and C.W.J.C. No. 15195 of 2015, because the case of this petitioner is exactly similar to the cases of petitioner of aforementioned writ petitions. As this petitioner and Patna High Court CWJC No.6487 of 2020 dt.17-12-2021
petitioners of aforementioned cases are finally selected candidates in pursuant to advertisement No. 02/2009. ii. That, the respondents be also directed to appoint this petitioner forthwith along with arrears, current and consequential benefits and similar reliefs be granted, as it is being given to petitioners of aforementioned writ petitions.
iii. That, during pendency of this writ petition further proceeding/process of selection of Advt. No.02/2019 (Annexure-5) may kindly be directed to remain stayed until and unless finally selected candidates of Advt. No. 02/2009 not be finally appointed as per direction of this Hon'ble court issued in aforesaid writ petitions. iv. That, the respondents be also directed to appoint this selected petitioner also in the light of strict and binding order passed on 15.11.2009 in contempt case bearing M.J.C. No. 125/2015 and several analogous contempt petitions case contained in Annexure-4 to this writ petition.
v. That, Respondents be also directed to pay the appropriate cost and compensation to this innocent lady petitioner for unnecessary mental, physical and economical harassment done by the illegal and unconstitutional acts of the Respondents. vi. That, any other relief or reliefs may kindly be granted in favour of the petitioner as it may be deemed fit and proper to the facts and circumstances of this case."
3. The petitioner has not questioned the validity of the
selection and appointment of the last selected candidate in which
the petitioner is claiming either in general merit list or reserved
category.
Patna High Court CWJC No.6487 of 2020 dt.17-12-2021
4. In absence of impleading last selected candidate as
party respondent, question of entertaining the present petition do
not arise.
5. Accordingly, the petition stands dismissed reserving
liberty to the petitioner to question the last selected candidate to
the post of constable in accordance with law.
(P. B. Bajanthri, J) uday/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 21.12.2021 Transmission Date NA
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