Dismissed

Awadhesh Kumar v. The State Of Bihar and Ors.

Patna HC13 Jan 2014CWJC/11258/2013

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition challenging the petitioner's non-selection as a constable. The court held that non-selection was lawful as the respondent correctly applied age criteria from the advertisement, noting the petitioner was older than the last selected candidate of that category.

What did the court decide?

The writ application was dismissed as there was no occasion to interfere with the decision based on the advertisement clauses.

Awadhesh Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11258 of 2013

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====================================================== Awadhesh Kumar, Son of Sri Sakaldeo Ram, Resident of Village Jorgama P.O. Jorgama, P.S. Murliganj, Distt. Madhepura, Pin Code – 852122. .... .... Petitioner/s Versus 1. The State of Bihar through the Home Secretary, Government of Bihar, Patna. 2. Central Selection Board (Constable Recruitment), Computer Bhawan, Jawahar Lal Nehru Marg, Patna - 800023 through its Chairman. 3. The Secretary, Central Selection Board, (Constable Recruitment), Computer Bhawan, Jawaharlal Nehru Marg, Patna – 800023. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh For the Respondent State: Mr. Ashok Kumar Keshari, AAG-11 Mr. Brajesh Kumar, AC to AAG-11 For Central Selection : Mr. Sanjay Pandey Board Mr. Binod Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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2 13-01-2014 I.A. No. 4234 of 2013 is for early hearing of the writ application. Since counter affidavit has already been filed on behalf of the respondents, the Court takes up the main writ application itself for disposal.

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Petitioner’s grievance is that even though he had requisite marks and position in the merit list for appointment on the post of a constable, he has not been appointed for extraneous reasons.

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In the counter affidavit which has been filed on behalf of the Central Selection Board, they have clearly stated in para 14 that the reason for non-selection of the petitioner is nothing to do

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Patna High Court CWJC No.11258 of 2013 (2) dt.13-01-2014

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with the marks but his age. Attention of the Court has been drawn to the advertisement contained in Annexure-C, wherein there is a clear and categorical provision, which says that persons who are older in age with equal marks would be considered for appointment and if there are persons with equal age and equal marks then persons having higher qualification would be appointed on the post. It is in this background that the last candidate in the category of the petitioner was appointed having date of birth as 10.3.1989 whereas petitioner’s date of birth is 8.2.1991.

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Since the decision is based on the advertisement and the clause mentioned therein which was widely known to one and all, there is no occasion to interfere or give any direction for appointment of the petitioner in the above background.

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Submission of the counsel for the petitioner is that there are large numbers of vacancies which are required to be filled up. In this regard, that decision has to be taken by the State and not by the Court.

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Writ application is dismissed.

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(Ajay Kumar Tripathi, J)

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R.K.Pathak/-

Awadhesh Kumar v. The State Of Bihar and Ors.

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Awadhesh Kumar v. The State Of Bihar and Ors.

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