Satyam Abhishek vs The State Of Bihar
2023 Latest Caselaw 3711 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11126 of 2023
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Satyam Abhishek Son of Anil Kumar Mishra, Resident of Village-Pali, P.O.- Utren, P.S.-Konch, District-Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Home Department, Reserve Branch, Sardar Patel Bhawan, Jawaharlal Nehru Marg, Patna-800023.

2. The President Central Selection Board (Constable), 05, Harding Road, Patna-800001.

3. The Director General of Police, Bihar, Sardar Patel Bhawan, Jawaharlal Nehru Marg, Patna-800023.

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

     For the Petitioner/s   :     None
     For the Respondent/s   :     Mr.P.K. Shahi (AG)

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 11-08-2023

The petitioner allegedly in public interest seeks to

challenge the notification issued for selection of candidates to

the post of constables in the Bihar Police and Bihar Special

Armed Police. There are about 21,391 vacancies in total for

which the advertisement produced as Annexure-2 is issued. The

contention raised in the writ petition is with respect to the

qualification stipulation having been related to 01.08.2022. It is

the contention that as of now many persons would have

qualified in the intermediate courses ( 10 + 2 courses) in the Patna High Court CWJC No.11126 of 2023 dt.11-08-2023

academic year 2022-23, just concluded. The petitioner contends

that the cut-off date prescribed for the purpose of acquisition of

qualification eliminates a number of candidates who would have

qualified to apply for the post in the year 2023. It is alleged that

the said prescription would interfere with the equality

guaranteed in public employment.

2. None appeared for the petitioner when the matter

was called in the morning and even when the matter was taken

up after keeping it aside for hearing.

3. We perused the records and also heard the learned

Advocate General (AG) appearing for the respondents. The

learned AG at the first instance pointed out that the prescription

of the cut-off date was in consonance of the decision of the

Bihar Government to prescribe the age limit also as on that date,

which is evident from Clause 17 of the advertisement. The age

prescription is to be verified as on 01.08 2022 for every

category of persons applying for selection and so is the

educational requirements related to that date.

4. We do not find any arbitrariness in fixing a cut-off

date for acquisition of qualification and also satisfying the

stipulation as to upper and minimum age limit. It is for the

Appointing Authority to determine such things and if there is no Patna High Court CWJC No.11126 of 2023 dt.11-08-2023

colourable exercise or arbitrariness; this Court cannot set aside

such stipulations. We have to keep in mind that the State, the

Appointing Authority is better placed to decide on such

stipulations and when the application was brought out on

09.06.2023, there is nothing unfair in stipulating a prior date;

that too in the immediate prior year for the purpose of

acquisition of qualification and satisfying the stipulation of age.

We also notice that the petitioner does not have a case that the

stipulation in any manner disables him from the candidature.

5. We find no reason to invoke our extraordinary

jurisdiction in public interest. We dismiss the writ petition in

limine.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          18.08.2023
Transmission Date