Lal Babu Ram vs The State Of Bihar
2026 Latest Caselaw 765 Patna

Patna High Court

Lal Babu Ram vs The State Of Bihar on 23 March, 2026

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1504 of 2022
     ======================================================
     Lal Babu Ram Son of Awadh Bihari Ram, Village - Ear, P.S. - Agiawan Bajar,
     District - Bhojpur at Ara.

                                                                  ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Principal Secretary, Department of Home,
     Govt. of Bihar, Patna.
2.   The Director General of Police, Govt. of Bihar, Patna.
3.   The Inspector General of Police, Govt. of Bihar, Patna.
4.   The Chairman, Central Selection Board of Constable, Bihar, Patna.


                                                                ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s    :      Ms. Deep Shikha, Advocate
     For the State           :      Ms. Shalini, AC to GP- 5
     For the CSBC            :      Mr. Sanjay Pandey, Advocate
                                    Mr. Binod Kumar Mishra, Advocate
                                    Mr. Vivek Anand Amritesh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 23-03-2026

                       Heard learned counsel for the parties.

                       2. The petitioner has filed the instant application for

      the following prayers:

                                                  "1. i. For issuance of writ
                                    in the nature of certiorari directing
                                    and commanding the respondents to
                                    organize      a    fresh     driving       test
                                    examination       with     regard     to    the
                                    petitioner        having       Roll        No.
 Patna High Court CWJC No.1504 of 2022 dt.23-03-2026
                                           2/4




                                         7710140306.
                                                      ii. For also directing and
                                         commanding the respondents to keep
                                         one seat reserve for SC category for
                                         the petitioner till disposal of the
                                         present writ petition.
                                                      iii. For any other relief or
                                         reliefs for which the petitioner is
                                         found entitled in the facts and
                                         circumstances of the case."

                         3. The case of the petitioner in brief is that the

         petitioner belongs to the scheduled caste category. On the

         respondent Central Selection Board (Constable) coming out

         with advertisement on 29.11.2019 for appointment of driver

         (constable), the petitioner being eligible in all respects applied

         for the same. He participated in the written examination held on

         14.10.2020

and having qualified, he appeared for the physical

eligibility test on 24.11.2021. Having qualified in the physical

eligibility test also, the petitioner appeared in the driving test

examination and completed all the five types of driving test.

4. Not having been finally selected, aggrieved by

the result, the petitioner has moved this Court in the instant writ

application for the prayer as stated herein above.

5. It is submitted by learned counsel for the

petitioner that the petitioner is meritorious and a very good Patna High Court CWJC No.1504 of 2022 dt.23-03-2026

driver. There is no reason why he should not have been selected.

It is further submitted that against the required minimum marks

of 33.5, the petitioner having performed well in the test he

should have been selected.

6. The application is opposed by learned counsel

for the respondents. It is submitted that from perusal of the

advertisement itself it would transpire that the minimum marks

that a scheduled caste candidate is required to secure in the

Driving Efficiency Test is 33.5 whereas the petitioner has

secured only 32.25, which is below the required minimum

marks. Further so far as appointment is concerned, in the

category of the petitioner, the cut off mark of the last selected

candidate is 39.

7. Having heard learned counsel for the parties and

having perused the contents of the petition, in view of the

statements made in the counter affidavit filed on behalf of

respondent no.4, while the minimum eligibility marks in the

driving efficiency test for the petitioner's category i.e. of

scheduled caste being 33.5 and the marks of last selected

candidate being 39, as against the same, the petitioner having

secured only 32.25 marks, he was rightly not selected by the

respondents.

Patna High Court CWJC No.1504 of 2022 dt.23-03-2026

8. The Court finds no merit in the instant writ

application and the same is dismissed.

(Partha Sarthy, J) sauravkrsinha/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.3.2026
Transmission Date       NA