This order dismisses a writ petition by a petitioner in the reserved Home Guard who was rejected due to height deficiency. The Court held it was too late to reopen a 1998 selection process as all positions were filled over 15 years ago.
Writ petition dismissed; no relief granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11327 of 2007
====================================================== Surendra Kumar Yadav, son of Shri Ram Kishun Yadav, resident of villageMaida Bhawangawa, P.S.-Barauni, District-Begusarai. .... .... Petitioner. Versus 1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna. 2. Director General-cum-Inspector General of Police, Old Secretariat, Patna. 3. Deputy Inspector General of Police (Human Right), Bihar, Patna. 4. Deputy Inspector General of Police, Magadh Range, Gaya. 5. Superintendent of Police, Nawada. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Respondent/s : Mr. Sanjay Prakash Verma, AC to GA-3. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 04 10-12-2012 The petitioner was in the reserved Home Guard. There was an advertisement issued, being Advertisement No.01 of 1998, for appointment of constables from amongst the Home Guards. Petitioner had applied but was not selected on the ground of deficiency in height. He and several others came to this Court and represented to the authorities for re-verification. It is not in dispute that upon re-verification it has now been found that his height was above the minimum prescribed.
In the counter affidavit, it is stated that upon re-verification all those who were found to be fit could not be appointed inasmuch as no vacancy was left. Learned counsel for the State submits that after 1½ decades it would not be proper to reopen the matter and dismiss some other persons appointed. State has placed reliance on the judgment delivered by Division Bench of this Court in the similar matter wherein this Court has clearly held that any controversy to Advertisement No.01 of 1998 must be put to end as the panel prepared thus cannot continue indefinitely, especially
Patna High Court CWJC No.11327 of 2007 (04) dt.10-12-2012
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when fresh advertisement has been issued and afresh appointment have been made.
Having heard the parties and considered the matter, in my view, learned counsel for the State is correct. This advertisement was issued in the year 1998, i.e., 1½ decades back, for whatever reason the petitioner was not selected, it is now too late in the day to seek selection, especially when all positions have already been filled up more than 1½ decades back.
In that view of the matter, in the peculiar facts and circumstances of this case, no relief can be granted. Accordingly, the writ petition is dismissed.
Trivedi/-
(Navaniti Prasad Singh, J.)
2 issues framed by the court
Whether the petitioner can be selected for the Home Guard post after a decade has elapsed since the advertisement was issued.
Whether the State can be compelled to reopen a selection process from 1998 when vacancies have been filled.
Colour shows how this judgement treated each authority
Division Bench of this CourtReferred¶3
Surendra Kumar Yadav
The State of Bihar through its Chief Secretary
Navaniti Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
