Petitioner challenged irregularities in 1998 police constable selection via writ petition in 2021. Court dismissed matter due to unexplained delay and laches, relying on limits of writ jurisdiction. Order denied relief on procedural grounds.
Writ petition dismissed on grounds of delay and laches without justifying the lapse from 1998 to 2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9522 of 2021
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Raj Kumar Yadav @ Raj Kumar Son of Shri Bounu Yadav @ Shree Bounu Prasad Yadav @ Kallar Yadav Resident of Village-Ward No. 16, Jagir, Under gram Panchayat Paschimi Sahuriya P.O. Dhamsena, P.S. Saurbazar DistSaharsa.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh For the Respondent/s : Mr. Sanjay Kumar Ghosarvey, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 18-02-2022
The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
“i) For issuance of Writ/Writs, order/orders, direction/directions, In the nature of mandamus commanding the respondents to hold on inquiry/ the investigation into manner in which a large scale irregularities have been committed in the process of selection of Police Constable in the selection/appointment process which commence in 1998 in pursuant to Advertise No. 01/1998 and in which there is serious irregularities committed by the Selection committee during the selection process, and according to some of the candidate they have been appointed on the post of constable but the petitioner has not been appointed on the post of constable.
Patna High Court CWJC No.9522 of 2021 dt.18-02-2022 2/4
ii) For further prayed for issuance of necessary direction to the respondent in the present writ petition consequential step for issuance of necessary direction to the respondent in the present writ petition to take consequential step pursuant to such inquiry/ investigation to insure that only duly qualified candidate are appointed therefore the petitioner praying for direction upon the respondent to immediately appoint the petitioner on the post of constable in Bihar Police Department, because the petitioner qualified in all the test high jump, long jump, Chest measurement, written examination test etc. but the petitioner has not been appointed.
iii) For further any other relief/ reliefs direction/ directions may deem fit and proper in the fact and circumstances of this case.”
Patna High Court CWJC No.9522 of 2021 dt.18-02-2022 3/4
under:
“20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:-
“The Court while exercising its jurisdiction under Article 226 if duty-bound to consider whether:
(a) adjudication of writ
petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
(b) the petition reveals all material facts;
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
(d) person invoking the jurisdiction is guilty of unexplained delay and laches;
(e) ex facie barred by any laws of limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors.”
decision is related to delay and laches. Petitioner has not explained delay and laches from the year 1998 to this date. Further delay and laches issue was taken note of in the case of
State of Rajasthan & Ors. Vs. Surji Devi reported in (2022) 1 SCC 17 (Para 6 to 9). In the light of the above facts, instant
Patna High Court CWJC No.9522 of 2021 dt.18-02-2022 4/4
petition is dismissed on the ground of delay and laches.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR CAV DATE Uploading Date Transmission Date
2 issues framed by the court
Whether a writ petition challenging selection process from 1998 is maintainable despite unexplained delay and laches of over two decades.
Whether unpertained Supreme Court judgment copies and excessive delay bar jurisdiction under Article 226.
Colour shows how this judgement treated each authority
State of Jammu and Kashmir V. R.K. ZalpuriRelied on¶27
State of Jammu and Kashmir V. R.K. Zalpuri reported in AIR 2016 SC 3006 · Who else cites this
City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and OthersReferred¶30
City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and Others
State of Rajasthan & Ors. Vs. Surji DeviReferred¶41
State of Rajasthan & Ors. Vs. Surji Devi
Raj Kumar Yadav @ Raj Kumar Son of Shri Bounu Yadav
The State of Bihar through the Principal Secretary Government of Bihar Patna
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
