Rakesh Kumar vs The State Of Bihar
2022 Latest Caselaw 1909 Patna

Citation : 2022 Latest Caselaw 1909 Patna
Judgement Date : 25 March, 2022

Patna High Court

Rakesh Kumar vs The State Of Bihar on 25 March, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.2675 of 2021
     ======================================================

1. Rakesh Kumar S/o Babu Ram Manjhi, Home Guard Constable No. 211601, resident of Village - Surahia, Post and P.S. Barharia, District - Siwan.

2. Ramesh Kumar Gupta S/o Dharamnath Prasad Gupta, Home Guard Consta-

ble no. - 211760, resident of Village - Korar, P.S. Basantpur, District - Si- wan.

3. Raj Kumar Yadav, S/o Parmeshwar Yadav, Home Guard Constable No. 211766, Resident of Village Sarsar, P.S. - Siwan Muffashil, District - Siwan.

4. Krishna Kumar Ram S/o Tuka Ram Home Guard Constable no. 211699, res-

ident of Village and P.S. - Barharia, District - Siwan.

5. Niku Manjhi Home Guard Constable No. - 221496 resident of Village - De-

wapur, P.S. Majhagarh, District - Gopalganj.

6. Santosh Kumar, S/o Rajdeo Chaudhary, Home Guard Constable No. 21589, Village- Mohmadpur, P.S. - Siwan Muffasil, District - Siwan.

... ... Petitioner/s Versus

1. The State of Bihar through that the petitioner Principal Secretary, Home (Po-

lice) Department, Bihar, Patna.

2. The Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna.

3. The Additional Chief Secretary, Home Department (Police), Govt. of Bihar, Patna.

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

5. The Chairman, Central Selection (Police recruitment) Board, Sardar Patel Bhawan, 6th Floor, Block A/ 626, Jawaharlal Nehru Marg, Patna - 80023.

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Sanjay Pandey, Advocate Mr. Sheo Shankar Prasad, SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-03-2022

The matter is heard via video conferencing due to cir-

cumstances prevailing on account of the COVID-19 pandemic. Patna High Court CWJC No.2675 of 2021 dt.25-03-2022

2. In the instant petition, petitioners have prayed for the

following relief/reliefs:

"(i) For direction upon the respondents to allow the petitioners to appear in the Physical Effi- ciency Test (PET) for selection of Constable in Bihar Police / Bihar Military Police / etc., pursuant to Adver- tisement No. 02 / 2019 which is scheduled to be held in the month of July 2020 in which petitioners have not been called for PET though they have appeared in the written examination.

(ii) For further direction upon the respon- dents to declare the petitioner's written examination outcome as though they are Home Guard constable cat- egory, their cases have not been considered as per 50 % vacancies carved out for them in pursuance of clause 17

(ii) of the Advertisement no. 02/2019.

(iii) For consequently direction the respon- dents to com plete the selection procedures of the peti- tioners after giving due weightage of their experience in Home Guard as constable since year 2017.

(iv) For further stay of the selection proce- dures of Constable Recruitment in Advertisement no. - 02/2019 till the final outcome of this case.

(v) For alternatively direction the respon- dents to keep vacant substantive posts of constables in Home Guard reserve category for the petitioner's till the final outcome of this case.