Absolute Rule: This court dismissed a writ petition challenging denial of appointment as constable. Respondents acknowledged selection but cited lack of vacancies due to reservation and merit of other candidates.
Writ application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2402 of 2009
1. MUNNA PASWAN
2. Shashi Kant Kumar Tiwary
3.Ravi Kant Tiwary ………………………….. Petitioners
Versus
THE STATE OF BIHAR & ORS
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The matter relates to appointment under Advertisement no. 1/2006 on the post of constable from the Homeguard category. The petitioner no. 1 is stated to be from reserved category while petitioners 2 and 3 are from the general category. They are aggrieved by denial of appointment when they claim
that they have been selected.
A counter affidavit has been filed on behalf of the respondents. Para 8 to 11 of the counter affidavit specifically acknowledges their selection and discloses their ranking and marks along with other considerations in accordance with roster when it arrives at the reasoning that they could not be appointed for reason of lack of vacancy in the reserved category as also in the general category filled because of reserved category
candidates qualifying on their merit with more marks than the petitioners.
The rejoinder does not dispute the factual position.
The writ application is dismissed.
Snkumar/-
(Navin Sinha,J.)
1 issue framed by the court
Whether the petitioners aggrieved by denial of appointment were entitled to be appointed despite selection.
1 provisions across 1 enactments
Munna Paswan
Shashi Kant Kumar Tiwary
Ravi Kant Tiwary
The State of Bihar & Ors
Navin Sinha
As recorded by the court registry
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