Patna High Court
Dinesh Prasad vs The State Of Bihar And Ors on 18 November, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2155 of 2019
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Dinesh Prasad Son of Baliram Prasad Resident of Village- Fakharpur, P.S.-
Arwal, District- Arwal
... ... Petitioner/s
Versus
1. The State Of Bihar through
2. The Director General of Police, Patna
3. Central Selection Board (Constable Recruitment) Bihar, Patna through its
Chairman
4. The Secretary Central Selection Board (Constable Recruitment), Bihar,
Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate
For the Respondent/s : Md. N.H. Khan, SC-1
For the CSBC : Mr. Sanjay Pandey, Advocate
Mr. Binod Kumar Mishra, Advocate
Mr. Vivek Anand Amritesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 18-11-2024
Heard the parties.
2. The petitioner prays for issuance of writ in the
nature of mandamus directing the concerned respondents to
allow the petitioner to appear for Driving Efficiency Test and to
consider his case for appointment to the post of Fireman
Driver/Driver Constable in Bihar Police, pursuant to
Advertisement No. 01/2018, published by Central Selection
Board (Constable).
3. Pursuant to Advertisement No. 01/2018, published
by Central Selection Board (Constable) for recruitment of 969
Fireman Driver and 700 Driver Constable, the total of which
Patna High Court CWJC No.2155 of 2019 dt.18-11-2024
comes to 1669 posts, the petitioner applied for his recruitment
for both the posts online. It is the admitted position that the
petitioner submitted his application form under the BC (Male)
None Home Guard category. The contention of the petitioner, as
recorded in the writ petition, clearly demonstrate that the
category submitted in the application was done under the wrong
impression that the caste teli comes under BC category. It is
further averred that in Central Government Services, there is no
reservation category like BC or EBC, rather it is only OBC. But
the mistake was a bona fide and not intentional. In the aforesaid
premise, the petitioner approached before this Court for a
direction to consider his case for appointment to the post,
aforenoted.
4. A counter affidavit has been filed on behalf of the
Central Selection Board of Constable. Learned Advocate for the
Board drawing the attention of this Court to the Advertisement,
the copy of which is placed on record as Annexure-A, has
contended that the prescription of the advertisement clearly
demonstrates that in case any of the candidate fills up a wrong
category of reservation, in such circumstances, his candidature
shall be cancelled. It is made clear that the candidates must be
verified before submission of the reservation category.
Patna High Court CWJC No.2155 of 2019 dt.18-11-2024
5. Learned Advocate for the Board further submitted
that identical issue has come up for consideration before the
learned Division Bench of this Court in LPA No. 1276 of 2012,
wherein the learned Court refused to interfere in the order
passed by the learned Single Judge in CWJC No. 1953 of 2011.
The learned Single Judge did not find any fault when the
candidature of the petitioner was rejected due to mismatch in
application form data with original documents. Reliance has
also been placed on a judgment passed by the learned Single
Judge in the case of Kavita Kumari Vs. The State of Bihar and
Ors., (CWJC No. 15296 of 2022). The Court having considered
the relevant provisions of the terms of the advertisement, as also
the decision of the different Benches, have concluded in
paragraph no. 7, as follows:
"7. Having regard to the facts and
circumstances of the case, this Court finds that the
present case is a case of category mismatch,
inasmuch as the petitioner had mentioned her
reservation category in her application form as
backward class, however, at the time of verification
of documents, she could not produce Backward Class
Category Certificate, thus her candidature has
rightly been disqualified. The present case is
squarely covered by the judgment rendered by the
learned Division Bench of this Court in the case of
Anil Kumar (supra)as also by the one rendered by
this Court in the case of Jyoti Jaiswal (supra),
hence, this Court finds that there is no merit in the
present writ petition."
6. Having considered the submissions advanced as
Patna High Court CWJC No.2155 of 2019 dt.18-11-2024
also after going through the decisions rendered by the learned
co-ordinate Bench, this Court does not find any merit in the
present writ petition.
7. Accordingly, the writ petition stands dismissed.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.11.2024
Transmission Date NA
