Dismissed

Ram Pravesh Kumar @ Ram Pravesh Paswan v. The State of Bihar

Patna HC11 Feb 2022CWJC/5833/2021

Case brief

AI extract

What is this about?

High Court dismissed a writ petition by C.Us.E. of 58 candidates seeking appointment as Constables from Preparing Panel storages. Court held suit not maintainable as petitioner failed to established vested right or challenge selection of last candidate. Matter dismissed noting pendency of related PIL.

What did the court decide?

Petition dismissed as not maintainable pending related PIL decision.

Ram Pravesh Kumar @ Ram Pravesh Paswan Vs The… — Public Procurement and Tenders | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5833 of 2021

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======================================================

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Ram Pravesh Kumar @ Ram Pravesh Paswan S/o Rambali Paswan resident of Village- Pathla Pokhar, P.S.- Ghoshi, District- Jehanabad, Pin- 804406.

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Md. Akbar Hussain S/o Md. Siddique resident of Mohalla- Ajmer Nagar, P.S.- Aurangabad, District- Aurangabad, Pin- 804101.

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Shankar Prasad S/o Sri Naku Mahto resident of Village- Charanbigha (Bela), P.O. and P.S.- Aurangabad, District- Aurangabad.

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Md. Iqbal S/o Md. Gayasuddin resident of Mohalla- Kabir Mohalla, Nawadih Road, P.S.- Aurangabad, District- Aurangabad, Pin- 804101.

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Rajeev Kumar S/o Late Arun Kumar Singh resident of Village and P.O.- Arai Via Karai Parsurai, P.S.- Shahjahanpur, District- Patna, Pin- 801304.

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Navin Kumar S/o Sri Kishori Sharma resident of Village- P.O.- Main, P.S.Belaganj, District- Gaya, Pin- 804424.

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Vimlesh Kumar S/o Shyamdeo Sharma resident of Village- P.O.- Main, P.S.Belaganj, District- Gaya, Pin- 804424.

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Chandrama Singh S/o Sri Ram Naresh Singh resident of Village- Kalasahar, P.S.- Shiv Sagar, District- Rohtas, Pin- 821113.

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Kamesh Prajapati S/o Sri Ramdas Prajapati resident of VillageMahabirganj, P.S. Barcen, District- Aurangabad, Pin- 824112.

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Rajesh Kumar Singh S/o Sri Sidharth Singh resident of Village- Baluganj Old Town, P.O. and P.S.- Daudnagar, District- Aurangabad, Pin- 824143.

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Manoj Kumar S/o Sri Shivnath Rai resident of Village and P.O.- Bashantpur, District- Siwan, Pin- 841406.

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Ravindra Kumar S/o Late Sipahi Mahto resident of Village- Mura, P.O.Husepumand, P.S.- Basantpur, District- Siwan, Pin- 841406.

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Kumar Gautam S/o Late Brajkishore Singh resident of Village- Arai, P.O.Arai, P.S.- Shajahanpur, District- Patna, Pin- 801304.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home (Police) Department, Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Deputy Inspector General of Police, Patna Division, Police Selection Committee through the Chairman cum the Superintendent of Police, Patna.

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The Deputy Inspector General of Police, West Champaran, Bettia.

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The Chairman cum Superintendent of Police, Gaya in Magadh Region, Gaya.

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The Chairman cum Superintendent of Police, Bhojpur in Shahabad Region, Bhojpur.

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The Chairman cum Superintendent of Police, Bettia in Tirhut Region, Champaran.

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Patna High Court CWJC No.5833 of 2021 dt.11-02-2022 2/3

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The Chairman cum Superintendent of Police, Vaishali at Hajipur.

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The Chairman, Saran Division, Board, Chapra Police.

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The Chairman cum Superintendent of Police, Muzaffarpur Range Board, Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Respondent/s : Mr.Lalit Kishore (Ag) ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-02-2022

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The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

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In the instant petition, petitioner has prayed for the following reliefs:-

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“(a) Issuance of writ in the nature of mandamus commanding the respondents to appoint the petitioners on the post of Constable.

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(b) Issuance of Directions to the concerned authority to appoint the petitioners in Leaner line without any discrimination on the post of Constable from the Panel prepared arising out of Advertisement No. 1/2004, 2/2004 and 3/2004.

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The petitioner has not established legal or vested right with reference to final select list in which the petitioner name appears. That apart he has not questioned the validity and selection and appointment of the last candidate of the respective category under which petitioner’s claim for the post of constable. In the absence of the aforesaid ingredients, the

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Patna High Court CWJC No.5833 of 2021 dt.11-02-2022 3/3

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present petition is not maintainable.

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Learned counsel for the petitioner submitted that subject matter of selection and appointment to the post of constable, pursuant to advertisement of 1 of 2004, 2 of 2004 and 3 of 2004, PIL petition is filed. Therefore, he sought for deferring this matter. If the PIL matter is in favour of the petitioner in that event he is at liberty to file a fresh petition as and when PIL petition is decided. With the above observation, petition stands dismissed.

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(P. B. Bajanthri, J)

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khushbu/-

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Ram Pravesh Kumar @ Ram Pravesh Paswan v. The State of Bihar

Case brief

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Ram Pravesh Kumar @ Ram Pravesh Paswan v. The State of Bihar

Case brief

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