The Patna High Court dismissed a writ application seeking appointment. The court held that the petitioner did not meet the selection cut-off marks for her category and declined to direct appointment against existing vacancies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11195 of 2013
====================================================== 1. Anshu Kumari D/O Anmol Kumar Yadav and W/O Mithilesh Kumar, Resident of Khunt, P.O- Chopra Ram Nagar, P.S- Jankipur, DistrictPurnea, Pin Code- 854102 .... .... Petitioner/s Versus 1. The State of Bihar through the Home Secretary, Government of Bihar, Patna. 2. Central Selection Board (Constable Recruitment), Computer Bhawan Jahawar Lal Nehru Marg, Patna- 80023 through its Chairman. 3. The Secretary, Ccentral Selection Board (Constable Recruitment), Computer Bhawan Jawahar Lal Nehru Marg, Patna- 800023 .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh For the State : Mrs. Binita Singh For Central Selection : Mr. Sanjay Pandey Board : Mr. Binod Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
So far as the previous selection of the petitioner is concerned, she was very much there in the selected list but the respondents in the counter affidavit, especially in para 14, have clearly stated that the category to which present petitioner belongs did not reach the cut off marks. The last person appointed in that category has 135 marks whereas petitioner had secured only 126
Patna High Court CWJC No.11195 of 2013 (2) dt.13-01-2014
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marks. If that is so, it is not a case of illegal or arbitrary ouster of the petitioner from the zone of consideration for appointment.
Counsel for the petitioner does not rebut this position. However, he contends that there is a newspaper report which indicates that the Government would like to fill up more posts of constables within a time-frame.
This is a matter for the Government to decide when and how they would like to fill up the posts and if any right is created by virtue of process so initiated, if at all. This Court cannot give direction to appoint the petitioner against the so-called vacancies indicated therein for which fresh exercise may be required to be taken by either going through a new process or may be picking up persons from the old list. It is for the Government to decide. Court can grant no such direction.
Writ application is dismissed with observation as above.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
1 issue framed by the court
Whether the court can direct appointment despite the petitioner not meeting category-specific cut-off marks.
1 provisions across 1 enactments
Anshu Kumari D/O Anmol Kumar Yadav
The State of Bihar through the Home Secretary, Government of Bihar
Central Selection Board (Constable Recruitment)
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
