Disposed

Manohar Kumar Jha v. The State of Bihar

Patna HC2 May 2023CWJC/1098/2023

Case brief

AI extract

What is this about?

Petitioners, whose names were on the provisional merit list for Home Guard posts but who were not selected due to forgery affecting final candidates, sought a second merit list. The Court directed the District Magistrate to consider a second list if vacancies remained unfilled.

What did the court decide?

Directions to District Magistrate, Bhagalpur to consider a second merit list for unselected provisional candidates if final vacancies remain unfilled.

Manohar Kumar Jha Vs The State of Bihar — Service and Employment | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1098 of 2023

¶2

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

¶3

Manohar Kumar Jha S/o Sri Anil Kumar Jha Resident of Village- Kumadpur, Sadhua, Rangra Chowk, Bhagalpur, Pin Code- 853204.

¶4

Mukesh Kumar, S/o Bharat Mandal Resident of Village- Farka, Post- Farka, Sabour, District- Bhagalpur. Pin Code- 813210.

¶5

Pankaj Kumar, S/o Tribhuwan Yadav Resident of Village- Ramjanipur, Kalgi Ganj, Shivnarainpur, Kalgiganj, District- Bhagalpur, Pin Code- 813203.

¶6

Manikant Choubey, S/o Umashankar Choubey Resident of VillagePrashastdih, Post and P.S.- Prashastdih, District- Bhagalpur, Pin Code813205.

¶7

Pritam Kumar, S/o Bambam Roi Resident Village- Ward no.- 9, Makandpur, Ranuchak Makandpur, District- Bhagalpur, Pin Code- 812004.

¶8

Roma Kumari, W/o Rajendra Kumar Choudhary Resident of ward no.- 16, Kathaila, Kharik, District- Bhagalpur, Pin Code- 853202.

¶9

Md. Raju, S/o Md. Shamshul Resident of Village- Sadhua, Ward No.- 17, P.S.- Rangara Chowk, Post- Sadhua, District- Bhagalpur, Pin Code- 853204.

¶10

Md. Abid Hussain, S/o Md. Jalil Resident of Village- Sadhua, P.S.- Rangara Chowk, Post- Sadhua, District- Bhagalpur, Pin Code- 853204.

¶11

Jitendra Kumar Jitu, S/o Rudra Narayan Mandal Resident of VillageParshuram Chak, Mathurapur, District- Bhagalpur, Pin Code- 813222.

¶12

Binod Kumar Sharma, S/o Ramdev Prasad Sharma Resident of VillageBora, P.S.- Bora, District- Bhagalpur, Pin Code- 813204.

¶13

Ashok Yadav, S/o Govind Yadav Resident of Village- Sanokhar, P.O.Sanokhar, District- Bhagalpur, Pin Code- 813204.

¶14

Chotelal Mandal, S/o Rajkumar Mandal Resident of Village- Sadhua, P.O.Sadhua, District- Bhagalpur, Pin Code- 853204.

¶15

Devendra Kumar Sharma, S/o Pradeep Sharma Resident of Village- Sahora, Madrauni Govindpur, Kaushali, District- Bhagalpur, Pin Code- 853204.

¶16

Lallan Paswan, S/o Haldhar Paswan Resident of Village- Roushanapur, PostRoushanpur, P.S.- Pirpainti, District- Bhagalpur- Pin Code- 813206.

¶17

Subodh Kumar Yadav, S/o Sri Prasad Yadav, English, Resident of Farka, Sabour, District- Bhagalpur, Pin Code- 813210.

¶18

Chiranjit Kumar, S/o Nirbhay Kumar Singh Resident of Village- Nagar Para, Narainpur, Nagarpara, District- Bhagalpur, Pin Code- 853203.

¶19

Govindacharya, S/o Maheshwar Sah Resident of Village- Chaouhaddi, Narainpur, District- Bhagalpur, Pin Code- 853203.

¶20

Mukesh Kumar, S/o Jagdambi Mandal Resident of Village- Ward No.- 3, Shahpur, Narainpur, District- Bhagalpur, Pin Code- 853203.

¶21

Mantu Kumar Yadav, S/o Naresh Yadav Resident of Village- Birbanna, PostChakrami, Narainpur, District- Bhagalpur, Pin Code- 853203.

¶22

Md. Ansar Ali, S/o Md. Salim Ali Resident of Village- Ward no.- 2, near Sarkari School, Madhurapur, Narainpur, District- Bhagalpur, Pin Code-

¶23

Patna High Court CWJC No.1098 of 2023(2) dt.02-05-2023 2/7

¶24

¶25

Sanjay Kumar, S/o Jhingo Sharma Resident of Village- Kushaha, ward no.2, P.S.- Bihpur, Post- Raypur, District- Bhagalpur, Pin Code- 853203.

¶26

Shyamsundar Sharma, S/o Mahendra Sharma Resident of Village- Sushaha, Post- Raipur, District- Bhagalpur, Sub- District- Narainpur, DistrictBhagalpur, Pin Code- 853203.

¶27

Krishna Kumar, S/o Rambilash Yadav Resident of Village- Sahori, Marwa, District- Bhagalpur, Pin Code- 853201.

¶28

Mohan Kumar, S/o Rajendra Prasad Thakur Ward No.- 3, Khirpur, Kadwa, Post- Khirpur Kadwa, Naugachhia, District- Bhagalpur, Pin Code- 853204.

¶29

Sikandar Kumar, S/o Siyaram Singh Resident of Ward No.- 13, Village and P.O.- Pakra, P.S.- Naugachhia, District- Bhagalpur, Pin Code- 853204.

¶30

Rajiv Kumar, S/o Kutay Prasad Singh Resident of Ward No.- 4, Pakra, PostNaugachhiya, Pakra, District- Bhagalpur, Pin Code- 853204.

¶31

Ravindra Kumar Thakur, S/o Bindeshwari Thakur Resident of VillageNawada, Post- Makhatakiya, P.S.- Naugachhia, District- Bhagalpur, Pin Code- 853204.

¶32

Mithilesh Kumar, S/o Kailash Yadav Resident of Village- Nawada, PostMakhataia, Ward No.- 10, P.S.- Naugachhia, District- Bhagalpur, 853204.

¶33

Satish Kumar, S/o Mahesh Mandal Resident of Nawada, Post- Makhataia, Ward No.- 10, P.S.- Naugachhia, District- Bhagalpur, 853204.

¶34

Sankar Kumar, S/o Mahedra Mandal Resident of Village- Laxminia Kadwa, Khairpur Kadwa, Post- Kharipur Kadwa, P.S.- Naugachhia, DistrictBhagalpur, Pin Code- 853204.

¶35

Pawan Kumar, S/o Umesh Prasad Yadav Resident of Navtolia, Kharika, District- Bhagalpur, Pin Code- 853202.

¶36

Raman Kumar, S/o Anirudh Yadav Resident of Village- Kaluchak, PostKaluchak, Kharika, District- Bhagalpur, Pin Code- 853202.

¶37

Rajesh Kumar, S/o Umesh Yadav Resident of Village- Dhoria, PostLokmanpur, P.S.- Kharika, District- Bhagalpur, Pin Code- 853202.

¶38

Sakal Deo Kumar, S/o Vindeshwar Thakur Resident of Kalu Chak, Post and P.S.- Kharika, District- Bhagalpur, Pin Code- 853202.

¶39

Vishwajeet Kumar Singh, S/o Hemant Prasad Singh Resident of VillageBhawapura, Post- Bhawapura, P.S.- Kharika, District- Bhagalpur, Pin Code853202.

¶40

Sunita Devi, W/o Laxhman Sah Resident of Village- Dhoriya, Lokmanpur, District- Bhagalpur, Pin Code- 853202.

¶41

Chandrashekhar Yadav, S/o Hardev Yadav Resident of Village- Dadpur, Lokmanpur, District- Bhagalpur, Pin Code- 853202.

¶42

Mamta Kumari, W/o Raman Kumar Singh Resident of ward no.- 2, Village and Post- Telghi, P.S.- Telghi, District- Bhagalpur, Pin Code- 853202.

¶43

Puja Kumari, W/o Murari Choudhary Resident of Village- Ward no.-1, Village- Auliyabad, Post- Jhandapur, Bihpur, District- Bhagalpur, Pin Code853201.

¶44

Patna High Court CWJC No.1098 of 2023(2) dt.02-05-2023 3/7

¶45

Anjana Kumari, W/o Manoj Kumar Resident of Village- Dhruv Ganj, Kharika, District- Bhagalpur, Pin Code- 853202.

¶46

Manohar Kumar, S/o Bahadur Rai Resident of Village- Ramdhruv Ganjm, P.S. and Post- Kharika Bazar, District- Bhagalpur, 853202.

¶47

Piyush Kumar Jha @ Piyush Kumar, S/o Nawval Kishore Jha Resident of Village- Telghi, District- Bhagalpur, Pin Code- 853202.

¶48

Aman Kumar, S/o Brahamdeo Mandal Resident of Village and PostTelaghi, P.S.- Kharik, District- Bhagalpur.

¶49

Bihari Kumar Yadav, S/o Prasadi Yadav Resident of Village- Bhagalpura, Panchayat Bansipur, Kehalgaon, Shobhnathpur, District- Bhagalpur, Pin Code- 813203.

¶50

Hemant Kumar, S/o Nageshwar Singh Resident of Village- Pakki Saray Parmanandpur, Khawas Ghogha, Kehalgaon, District- Bhagalpur, Pin Code813205.

¶51

Ashwani Kumar Mahto, S/o Nayak Chand Mahto Resident of VillageOlapur Pirtainti, Olapur, District- Bhagalpur, Pin Code- 813209.

¶52

Umesh Kumar, S/o Medi Mandal Resident of Village- Mirjapur, Shankarpur, Khawas, District- Bhagalpur, Ghogha, Pin Code- 813205.

¶53

Prakash Mandal, S/o Hukumchand Mandal Resident of Village- Olapur, District- Bhagalpur, Pin Code- 813209.

¶54

Sanjay Kumar Mandal, S/o Nandkishor Mandal Resident of Village- Olapur, Post- Pirtainti, P.S.- Olapur, District- Bhagalpur, Pin Code- 813209.

¶55

Mukesh Kumar Yadav, S/o Shivmuni Yadav Resident of Village- Madhuvan Tola, Post- Ammapati, P.S.- Pirpainti, District- Bhagalpur, Pin Code813209.

¶56

Kamlesh Kumar, S/o Parmeshwar Prasad Yadav Resident of VillageMadhuban Tola, Ammapali, P.S.- Pirpainti, Olapur, District- Bhagalpur, Pin Code- 813209.

¶57

Santosh Kumar Yadav, S/o Parmeshwar Prasad Yadav Resident of VillageMadhuban Tola, Ammapali, P.s.- Pirpainti, Olapur, District- Bhagalpur, Pin Code- 813209.

¶58

Sanjay Yadav, S/o Ram Singhsan Yadav Resident of Village- Madhuban Tola, Ammapali, P.S.- Pirpainti, Olapur, District- Bhagalpur, Pin Code813209. ... ... Petitioner/s

¶59

Versus

¶60

The State of Bihar through Principal Secretary, Home Department, Government of Bihar, Patna.

¶61

The Director General of Police, Bihar, Patna. 3. The Principal Secretary, Home Department, Government of Bihar, Patna. 4. The District Magistrate-Cum-Chairman, District Selection Committee, Bhagalpur, District- Bhagalpur.

¶62

The Superintendent of Police, Bhagalpur, District- Bhagalpur. ... ... Respondent/s

¶63

Patna High Court CWJC No.1098 of 2023(2) dt.02-05-2023 4/7

¶64

====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Dubey, Advocate Mr. Shashank Kashyap, Advocate For the Respondent/s : Mr.Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶65

2 02-05-2023

¶66

Heard learned counsel for the petitioner and the State.

¶67

Petitioners in the present case are seeking the following reliefs:-

¶68

“(i) For issuance of appropriate writ in the nature of command directing the official respondents to prepare block wise second final list out of provisional list (block wise) regarding selection of Home Guard so far as it relates to DistrictBhagalpur (Police District Bhagalpur and Naugachia) since several post is still vacant due to removal of the finally selected candidates whose certificates were found to be forge.

¶69

(ii) For issuance of appropriate writ in the nature of command directing the official respondents to take all endeavour for preparation of final merit list (block wise) out of provisional list (block wise) within time framed (before expiry of provisional merit list) and then select the petitioners on the post of Home Guard after following due process of law. (iii) For any other writ/writs, order/orders for which petitioner deemed entitled to.”

¶70

It is the case of the petitioners that pursuant to the

¶71

advertisement published in the year 2011, all the petitioners along with others being eligible applied in prescribed performa

¶72

Patna High Court CWJC No.1098 of 2023(2) dt.02-05-2023 5/7

¶73

on the post of Home Guard for the district of Bhagalpur and Naugachia. It is stated that the petitioners along with others were declared successful in physical efficiency test pursuant to the 2011 advertisement and accordingly a provisional merit list was prepared block-wise. The name of the petitioners find place in the provisional list.

¶74

Learned counsel for the petitioners submits that based on the provisional merit list (block-wise), a final merit list was prepared by the respondent authorities for the total post as advertised with respect to district of Bhagalpur and Naugachia.

¶75

It is stated that when the candidates from final merit list were called upon for verification of the documents, it was found that the documents produced by a large number of candidates were forged and fabricated and a result of this revelation, some of the candidates who had found place in the final merit list (block wise) were not selected finally. This has ultimately resulted in leaving about 200 vacancies unfilled.

¶76

Learned counsel submits that since these petitioners’ name are there in the provisional merit list (block wise), in view of the 200 approximately vacancies available due to non-joining of the selected candidates, the petitioners and others similarly situated may be considered by drawing a second merit list. It is

¶77

Patna High Court CWJC No.1098 of 2023(2) dt.02-05-2023 6/7

¶78

submitted that the petitioners have approached the concerned authority with detail representation on 02.11.2022 requesting him/them to prepare a second merit list (block wise) so that these petitioners along with others similarly situated may get an opportunity for selection. A copy of the representation has been enclosed as Annexure- ‘5’ to the writ application.

¶79

Learned counsel for the State submits that what have been stated in the writ application may only be examined by the competent authority and an appropriate view may be taken thereon.

¶80

Having regard to the kind of submissions noted hereinabove, this Court directs the District Magistrate, Bhagalpur (respondent no.4) to consider the representation of the petitioners as contained in Annexure- ‘5’ to the writ application and in case it is found that a substantial number of vacancies could not be filled up from the final merit list because of the non-joining of the selected candidates, the District Magistrate shall consider as to why the persons like the petitioners whose names are there in the provisional merit list may not be considered by drawing a second merit list, subject, however, to the recruitment policies and the rules governing the recruitment.

¶81

Patna High Court CWJC No.1098 of 2023(2) dt.02-05-2023 7/7

¶82

This writ application is disposed of with a direction to the District Magistrate, Bhagalpur (respondent no.4) to take a decision in this regard within a period of two months from the date of receipt/production of a copy of this order.

¶83

(Rajeev Ranjan Prasad, J)

¶84

arvind/-

¶85

Manohar Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manohar Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anju Kumari Vs The State Of Bihar and Ors.

Manoj Kumar Choudhary, Vs The State of Bihar

M/s Grand Engineering Works Vs The Managing Director, Bihar Industrial Area Development Authority

Raj Narayan Singh Vs The State of Bihar

Radha Krishna Prasad Vs The State of Bihar

Nisha Kumari Vs The State of Bihar.