A writ petition seeking direction for appointment as Constable was dismissed. The court held that the petitioner failed the physical test required under Advertisement No. 1 of 2004, rendering the petition devoid of merit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11821 of 2014
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Om Prakash Singh, Son of Madheshwar Singh Resident of Vill. - Alampur, P.S. Parasbigha, District - Jehanabad
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Anant Kumar Bhaskar, Advocate. For the Respondent/s : Mr.Aag7- Tej Bhadur Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 11-02-2019 Heard learned counsel for the petitoner and learned counsel for the State.
The writ petition has been filed for a direction to appoint the petitioner as Constable against remaining vacancies of Advertisement No. 1 of 2004 dated 11.08.2004. The respondents have filed counter affidavit in which it is specific stand of the State that on perusal of the Master Chart communicated through letter dated 02.09.2014, it is evident that the petitioner has failed in the physical test as such in view of his failure to qualify in physical test, he could not be appointed. The assertion of the State is neither denied nor disputed by filing any rejoinder to the counter affidavit.
Patna High Court CWJC No.11821 of 2014(2) dt.11-02-2019 2/2
Since, petitioner has not qualified in the physical test, no direction can be issued in his favour for his appointment. The writ petition is devoid of merit and accordingly, the same is dismissed.
(Madhuresh Prasad, J)
sujit/-
U
1 issue framed by the court
Whether to issue a direction appointing the petitioner as Constable despite failure in the physical test.
Om Prakash Singh
The State of Bihar
The Chief Secretary, Government of Bihar
The Director General of Police, Government of Bihar
The Superintendent of Police, Muzaffarpur
The Superintendent of Police, Patna
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
