Patna High Court
Pradeep Kumar Mishra vs The State Of Bihar on 5 January, 2024
Author: Rajiv Roy
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.583 of 2022
In
Civil Writ Jurisdiction Case No.13840 of 2019
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1. Pradeep Kumar Mishra Son of Mainejar Mishra, Resident of Village-
Raghunathpur (In front of State Bank of India), P.S.- Turkaulia, District-
East Champaran.
2. Hemant Kumar Singh Son of Suresh Prasad Singh, Resident of Village-
Ashok Nagar, P.S.- Janki Nagar, District- Purnia.
3. Mukesh Kumar Son of Ramdahin Singh, Resident of Village- Shahopur,
P.S.- Tekari, District- Gaya.
4. Vinod Paswan Son of Suraj Paswan, Resident of village- Saraiya, P.S.-
Belsand, District- Sitamarhi.
5. Naresh Kumar Son of Banarsi Ram, Resident of Village- Tarabagh Colony
near Chhawni, P.S.- Bettiah, District- West Champaran at Bettiah.
6. Arvind Kumar Anand Sonof Bhagwat Prasad Singh, Resident of Village-
Ward No. 2, Jamdar Tola, Bettiah, P.S.- Nagar Thana Bettiah Muffasil,
District- West Champaran at Bettiah.
7. Jyoti Shankar Prasad Son of Premchandra Prasad, Resident of Village-
Rampurwa, P.S.- Mainatar, District- West Champarn at Bettiah.
8. Satendra Kumar Son of Yogendra Ram, Resident of Village- Sisawa, P.S.-
Shikarpur, District- West Champarn at Bettiah.
9. Raj Kumar Son of Bishun Ram, Resident of Village- Ambedkar Colony,
Baswaria Ward No. 31, Bettiah, P.S.- Shikarpur, District- West Champarn at
Bettiah.
10. Vyas Ram Son of Mukha Ram, Resident of Village- Diulia, P.S.- Inarwa,
District- West Champarn at Bettiah.
11. Nand Kishor Ram Son of Mukha Ram, Resident of Village- Diulia, P.S.-
Inarwa, District- West Champarn at Bettiah.
12. Arvind Kumar Son of Ramayan Prasad, Resident of Village- Rampurva,
P.S.- Mainatar, District- West Champarn at Bettiah.
13. Shiv Pujan Kumar Singh Son of Chhathu Rai, Resident of Village-
Goithahan, P.S.- Harsidhi, District- East Champarn, Motihari.
14. Om Prakash Sharma Son of Bhup Narayan Sharma, Resident of Village-
Sharma Tola, P.S.- Govindganj, District- East Champarn, Motihari.
15. Bhartendu Bosh Son of Deonandan Singh, Resident of Village- Arwal
(Sipah), P.S.- Arwal, District- Arwal.
16. Subodh Kumar Trivedi Son of Vijay Kumar Trivedi, Resident of Village-
Ram Krishna Nagar, P.S.- Ram Krishna Nagar, District- Patna.
17. Ravi Ranjan Kumar Son of Sri Ganesh Chandra Das, Resident of Village-
Golghar Park Road, P.s.- Gandhi Maidan, District- Patna.
... ... Appellant/s
Versus
Patna High Court L.P.A No.583 of 2022 dt.05-01-2024
2/5
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
2. The Principal Secretary General Administration Department, Government of
Bihar, Old Secretariat Building Patna.
3. The Principal Secretary Home Department, Government of Bihar, Old
Secretariat Building Patna.
4. The Director General of Police, Bihar Old Secretariat Building Patna.
5. The Bihar Staff Selection Commission, Veterinary College, Patna, through
its Secretary.
6. The Chairman, Bihar Staff Selection Commission, Veterinary Collage Patna.
7. Mukesh Kumar Son of Avinash Prasad Ambastha, Resident of Village- New
Chandmari Chinwamniya road, P.S.- Motihar, District- East Champaran.
8. Yogendra Ram Son of Saklu Ram, Resident of Village- Devi Asthan,
Narkatiyaganj, P.S.- Shikarpur, District- West Champarn at Bettiah.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Avinash, Advocate
For the Respondent/s : Mr. P.K. Verma, A.A.G.-3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
Date : 05-01-2024
Heard the parties.
2. The present appeal arises out of an order
dated 23.09.2022 passed by the learned Single Judge in CWJC
No. 13840 of 2019 by which the writ petition was dismissed
taking into account the fact that in CWJC No. 535 of 2020
(disposed of on 05.07.2022), the said writ petition was
dismissed considering the fact that the Hon'ble Apex Court in
SLP (Civil No.) 2795-2797/2017 has restricted the relief in
favour of only 133 persons.
3. The appellants claim themselves to be a
Patna High Court L.P.A No.583 of 2022 dt.05-01-2024
candidate to the post of Sub-Inspector of Police against the
Advertisement No. 704 of 2004.
4. After several rounds of litigation, in
contempt petition relating to Arvind Kumar & Ors. vs Amir
Subhani & Ors. as also Rajeev Kumar & Ors. vs Amir
Subhani & Ors. [Contempt Petition ( C) no. 1711/2018 and
Contempt Petition (C) No (S). 1871-1875/2018 respectively)],
the Hon'ble Apex Court held after recording the fact that 133
candidates have been appointed and the order has been
complied with by the State, dropped the contempt proceeding.
5. So far as the cases of other
Intervenors/Applicants was/were concerned, the Hon'ble
Supreme Court held that they are free to make representation
appealing to the good conscience of the State of Bihar which
shall consider and pass an appropriate order. While making
observation, the Hon'ble Apex Court further clarified that even
if their representations are rejected, it will not give rise to any
proceedings/appeal in any of the Court.
6. Further, in Civil Appeal No(s). 2795-
2797/17 (Chandra Gupta Kumar & Ors. vs State of Bihar &
Ors.), the Hon'ble Apex Court further made it clear that the
registry shall not to entertain any petition/application relating to
Patna High Court L.P.A No.583 of 2022 dt.05-01-2024
the selection of Sub-Inspectors for the year 2004 without
express permission of the Court and the review petition so filed
was dismissed.
7. Following the said order, the CWJC No.
535 of 2020 was dismissed on 05.07.2022 by one of the learned
Single Judge of the Patna High Court.
8. In the aforesaid background, the writ
petition in question (CWJC No. 13840 of 2019) was taken up by
learned Single Judge on 23.09.2022 and following order was
passed:-
"Today being Friday, matters
are being taken up through virtual mode as per
current procedure for hearing.
The parties are in agreement
that the present case is squarely covered by an
order dated 05.07.2022 passed in CWJC No.535 of
2020, wherein taking note of the order passed in
SL.P (Civil No.) 2795-2797/2017 of the Hon'ble
Apex Court limiting relief in favour of 133 persons,
the writ petition has been dismissed in the
following terms:
"In view of the order of
the Hon'ble Supreme Court limiting the relief
to 133 persons, and no case having been
made out by petitioners to claim
Patna High Court L.P.A No.583 of 2022 dt.05-01-2024
of 2004, there is no occasion for this Court
to issue any direction for petitioners'
appointment."
The instant application is,
therefore, accordingly dismissed in the same terms
as being devoid of merit."
9. The entire facts have been detailed out in
the above paragraphs which takes us to only one conclusion; the
appeal is without any merit and is fit to be dismissed.
10. The L.P.A. No. 583 of 2022 stands
dismissed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 08.01.2024
Transmission Date
