Petitioner sought appointment as Constable. Claim rejected due to impersonation grounds. Court noted related litigation was dismissed and held issue no longer res integra. Application dismissed.
The writ application is dismissed directing respondents to hold no consideration for petitioner's appointment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.962 of 2019
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Jitendra Kumar, Son of Naresh Sharma, Resident of Village- Dhankadha, P.S.Sasaram, District- Rohtas.
... ... Petitioner
Versus
... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate For the State : Mr. Md.N.H.Khan, SC 1 Mrs. Babita Kumari, AC to SC 1 For Selection Board : Mr. Sanjay Pandey, Mr. Binor Kr. Mishra, Mr. Viveka Anand Amritesh, Advocates ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 18-12-2019
Heard learned counsel for the petitioner, learned
counsel appearing on behalf of the State and learned counsel appearing on behalf of the Central Selection Board, (Constable Recruitment Board).
The petitioner has filed the present application for direction to the respondents to consider the case of the petitioner for appointment on the post of Constable.
A large number of candidatures were rejected on the
Patna High Court CWJC No.962 of 2019 dt.18-12-2019 2/2
ground of impersonation. The claim of the petitioner was also rejected on the ground of impersonation for which an FIR in Gardanibagh P.S. Case No. 226 of 2015 was instituted against 811 candidates including the petitioner.
Mr. Sanjay Pandey, learned counsel appearing on behalf of the Central Selection Board, submits that the issue raised in the writ application is no more res integra in CWJC No. 10854 of 2015 which was dismissed and LPA No. 92 of 2016 preferred by some of the candidates was also dismissed.
In view of the aforesaid decisions, the petitioner is not entitled to any relief.
The writ application is, accordingly, dismissed.
(Anil Kumar Upadhyay, J)
BT/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 24.12.2019 |
| Transmission Date | N.A. |
3 issues framed by the court
Whether the petitioner is entitled to relief for appointment on the post of Constable despite rejection on grounds of impersonation?
Is the issue raised no longer res integra based on the decision in CWJC No. 10854 of 2015?
Should the writ application be dismissed in light of previous dismissed litigation?
Jitendra Kumar
The State of Bihar through the Director General of Police, Bihar, Patna
The Director General of Police, Bihar, Patna
The Principal Secretary Home Department, Govt. of Bihar, Patna
Central Selection Board, (Constable Recruitment Board)
The Chairman, Central Selection Board, (Constable Recruitment Board)
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
