The Bench held that since all selections from the 2004 advertisement were made, appointments finalized, and remaining vacancies filled in succeeding years, the petition challenging the non-appointment was infructuous and accordingly dismissed.
None. Petition dismissed as infructuous.
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Patna High Court CWJC No.14758 of 2013 (4) dt.11-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14758 of 2013
====================================================== Vijay Kumar Son of Nanku Yadav, resident of village- Kobba, P.O.Sakarelas Nawada, P.S.- Wagirganj, District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Home Commissioner, Govt. of Bihar 3. The D.G.P., Govt. of Bihar 4. The I.G. Humman Rights, Bihar, Patna 5. The Chairman of Constable Selection Board, Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Pratap Singh For the Respondent/s : Mr. P.K. Verma, AAG-3 Mr. S.K. Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 11-11-2016 Heard learned counsel for the petitioner and learned counsel for the State. The present application is related to appointment of Constable against the advertisement published in the year 2004 in which all selections have been made, selected candidates have already been appointed and joined. Left over the vacancy has already been consumed in succeeding year.
In such view of the matter, this petition has become infructuous. Accordingly this petition is dismissed as infructuous.
(Shivaji Pandey, J)
Mahesh/U
1 issue framed by the court
Whether the present petition for appointment of a Constable remains maintainable despite selection in 2004 and subsequent filling of vacancies.
Vijay Kumar Son of Nanku Yadav
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
