Patna High Court
Amrendra Kumar vs The State Of Bihar And Ors on 13 October, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15103 of 2013
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Amrendra Kumar S/O Ram Chandra Rai, Resident of Village- Bahadurpur,
Ward No. 27, P.S.- Samastipur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Director General of Police, Bihar, Patna
3. The Home Commissioner, Bihar, Patna
4. The Principal Secretary, Personnel and Administrative Reforms Department,
Govt. of Bihar, Patna
5. The Bihar Staff Selection Commission, Through Its Secretary, Patna
6. The Chairman, Bihar Staff Selection Commission, Patna-14
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sita Ram Yadav, Advocate
Mr. Rakesh Kumar Shrivastava, Advocate
For the State : Mr. Subhash Pd. Singh, GA-3
For the BSSC : Mr. Sanjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 13-10-2025
1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application
praying for a direction to the respondents especially the Bihar
Staff Selection Commission (in short 'the Commission') to
recommend the name of the petitioner for appointment on the
post of Sub-Inspector of Police in light of the order passed by
this Court in LPA no.416 of 2009 as well as CWJC no.13984 of
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
2/9
2011. The petitioner has further prayed for a direction to the
respondent nos.1 to 4 to appoint the petitioner on the post of
Sub-Inspector of Police treating him in the OBC category as the
petitioner has submitted the requisite certificates showing him
belonging to OBC category and not belonging to creamy layer.
3. The case of the petitioner in brief is that pursuant to
the respondents coming out with an Advertisement no.704 of
2004 for appointment on the post of Sub-Inspector of Police, the
petitioner filed his application claiming reservation in the BC
category. He was allotted Roll no.D02053 and was declared
successful in the physical test.
4. It is the case of the petitioner that subsequently the
Commission issued information in the newspaper directing the
candidates who were successful in the physical test to purchase
'OMR' (Optical Mark Recognition) sheet and to submit the
same. It is the case of the petitioner that he purchased the OMR
sheet, filled it up and attaching the relevant documents
submitted the same to the authorities which was accepted by the
Commission. It is the case of the petitioner that as the certificate
that the petitioner does not belong to creamy layer (in short 'the
creamy layer certificate') was not issued by the Collector, he
submitted the caste and creamy layer certificate issued by the
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
3/9
SDO, Samastipur.
5. An admit card was issued in favour of the petitioner
and the petitioner appeared in the written test conducted.
However, in the result published on 30.5.2008, the roll number
of the petitioner did not figure. It is the case of the petitioner
that pursuant to some applications having been filed in the High
Court another result was published in the newspaper on
1.2.2009
wherein once again, the roll number of the petitioner
did not figure. As per the petitioner's case, though the petitioner
had secured 227.24 marks which was higher than the cut-off
marks for his category which was 223.26, it is submitted that the
petitioner had been wrongly not recommended by the
Commission.
6. Several candidates filed different cases in the Patna
High Court and on orders being passed, appeals were preferred
finally leading to order dated 21.4.2011 being passed in LPA
no.416 of 2009.
7. Learned counsel for the petitioner submits that the
Division Bench of this Court held in its order dated 21.4.2011
(Annexure-3) that as per the terms of the advertisement the
appellants/candidates should have been given the opportunity to
submit their required certificates during the process of
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
appointment. It accordingly set aside the order of the learned
Single Judge and directed the respondents to accommodate the
appellants/candidates in their respective places, however
making it clear that the appellants/candidates will have to
submit the relevant certificates duly issued by the District
Magistrate or if it is issued by the SDO, the same should be
countersigned by the concerned District Magistrate within the
time stipulated by the respondents.
8. Learned counsel for the petitioner submits that the
petitioner should also be given similar opportunity and that this
Court by its order dated 20.8.2025 passed in CWJC no.2372 of
2023 has directed the respondents to give appointment to the
186 petitioners therein on the post of Sub-Inspector under
Advertisement no.704 of 2004, if they are found medically fit.
As such, it is prayed that similar directions be issued in the case
of the petitioner herein.
9. In response, it is submitted by learned counsel for
the respondents that so far as the petitioner is concerned, he did
not submit his creamy layer certificate and therefore his
candidature was not considered under the reserved category.
Further reference has been made to the order dated 14.9.2017
passed in Civil Appeal no.2795-2797 of 2017 and other cases
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
wherein the Hon'ble Supreme Court directed that the Registry
shall not entertain any petition/application, either impleadment
or reopening or review in respect of the selection of Sub-
Inspectors for the year 2004, without express permission from
the Court. It is further submitted that in another case by its order
dated 1.11.2018 passed in Contempt Pet. (C) no.1711 of 2018
and other cases the Hon'ble Supreme Court while observing that
the applicants are free to make representations appealing to the
good conscience of the State of Bihar and that the State of Bihar
was free to consider the same and pass appropriate orders in
accordance with law, it was observed that in case the
representations are rejected, the same will not give rise to any
proceedings/appeals in any of the Courts.
10. It is thus submitted by learned counsel appearing
for the respondents that the matter being stale relating to an
appointment arising out of an advertisement of the year 2004
and the specific case of the respondents that the petitioner had
not submitted his certificate of not belonging to the creamy
layer, no relief be granted in the instant application and the same
be dismissed.
11. Heard learned counsel for the parties and perused
the material on record.
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
12. The matter in the instant application relates to
appointment on the post of Sub-Inspector of Police in view of
the Advertisement no.704 of 2004. Even as per the case of the
petitioner, though he submitted all the relevant documents along
with the OMR sheet as permitted by order dated 21.4.2011
passed in LPA no.416 of 2009, he could not submit the caste and
creamy layer certificate of the Collector as the same was not
issued but only submitted the caste and creamy layer certificate
issued by the SDO, Samastipur.
13. It further transpires from the records of the case
that the petitioner submitted his caste certificate (Annexure-5)
showing him not to belong to the creamy layer issued by the
District Magistrate only after 22.7.2010. It further transpires
from the contents of the counter affidavit filed on behalf of the
respondent-Commission that the petitioner not having submitted
the certificate of his not belonging to creamy layer, his
candidature could not be considered under the reserved
category. This statement made in the counter affidavit filed by
the Commission has not been controverted by the petitioner
inspite of a copy of the same having been served on learned
counsel for the petitioner on 3.5.2024.
14. In addition to the above, the Court finds that
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
relying on a coordinate Bench decision of this Court, the writ
application filed by eight petitioners was dismissed vide order
dated 23.2.2021 passed in CWJC no.12804 of 2019. The order
dated 23.2.2021 is reproduced herein below for ready
reference :-
"The issue raised in the present writ
application was also the subject matter of
of 2019 and vide order dated 11.04.2019, a co-
ordinate Bench of this Court has dismissed the
said writ application. The relevant paragraphs
of the order is quoted hereinbelow:-
"4. The petitioners have approached
this Court for a direction to the respondent
authorities to appoint them on the post of
Sub-Inspectors in Bihar Police after
exempting them from PET test against an
advertisement which was issued in the year
2004 by the Bihar Staff Selection
Commission, Patna.
5. Similar such matters were decided
by this Court and by order dated 02.04.2019,
this Court, taking into account the orders
passed by the Hon'ble Supreme Court in
various petitions as also Contempt Petition
(C) No. 1711 of 2018, dismissed such
petitions on the ground of the matter being
stale and the selection process as against the
advertisement of 2004 having been
completed a long time ago.
6. Mr. Nilendu Kumar Choudhary,
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
learned counsel for the petitioners however
taking exception to the observations made in
the order dated 02.04.2019 passed in
C.W.J.C. No. 5186 of 2019, which has been
referred to in the preceding paragraph, has
stated and informed this Court that even
after the aforesaid direction of the Supreme
Court on 01.11.2018 directing that in case of
refusal of the State Government to accede to
the request of the petitioners therein, they
would have no further right to agitate their
claim before any Court, the Hon'ble Supreme
Court has, in two matters, entertained such
petitions. In one such case, an order was
passed directing the petitioner therein to
withdraw the writ petition from the High
Court. In the other case, which has been
entertained by the Supreme Court after the
order dated 01.11.2018, notices have been
issued to the Commission.
7. In any view of the matter,
considering the fact that the issue now stands
closed with the selection process having been
completed long time back, this Court is not
inclined to entertain such petitions seeking
appointment on the post of Sub-Inspectors
against the advertisement of the year 2004."
In order to maintain consistency, the present writ
petition is also dismissed in similar terms."
15. In view of the facts and circumstances stated here
in above, the matter relating to an appointment against an
Patna High Court CWJC No.15103 of 2013 dt.13-10-2025
advertisement of the year 2004 together with the statement
made in the counter affidavit filed by the respondents not having
been rebutted by the petitioner, the Court finds no merit in the
instant application.
16. The application is dismissed.
(Partha Sarthy, J)
avinash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 14.10.2025
Transmission Date
