Appellants, unsuccessful candidates for Sub-Inspector posts from Advertisement No. 704 of 2004, sought appointment despite a Supreme Court order restricting relief to 133 candidates. Following that limitation and dismissal of an identical writ petition, the Division Bench dismissed the Letters Patent Appeal as meritless.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.583 of 2022 In
Civil Writ Jurisdiction Case No.13840 of 2019
======================================================
... ... Appellant/s
Versus
Patna High Court L.P.A No.583 of 2022 dt.05-01-2024 2/5
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Avinash, Advocate For the Respondent/s : Mr. P.K. Verma, A.A.G.-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJIV ROY) Date : 05-01-2024
Heard the parties.
2. The present appeal arises out of an order
dated 23.09.2022 passed by the learned Single Judge in CWJC No. 13840 of 2019 by which the writ petition was dismissed taking into account the fact that in CWJC No. 535 of 2020 (disposed of on 05.07.2022), the said writ petition was dismissed considering the fact that the Hon’ble Apex Court in SLP (Civil No.) 2795-2797/2017 has restricted the relief in favour of only 133 persons.
3. The appellants claim themselves to be a
Patna High Court L.P.A No.583 of 2022 dt.05-01-2024 3/5
candidate to the post of Sub-Inspector of Police against the Advertisement No. 704 of 2004.
4. After several rounds of litigation, in contempt petition relating to Arvind Kumar & Ors. vs Amir Subhani & Ors. as also Rajeev Kumar & Ors. vs Amir Subhani & Ors. [Contempt Petition ( C) no. 1711/2018 and Contempt Petition (C) No (S). 1871-1875/2018 respectively)] , the Hon’ble Apex Court held after recording the fact that 133 candidates have been appointed and the order has been complied with by the State, dropped the contempt proceeding.
5. So far as the cases of other Intervenors/Applicants was/were concerned, the Hon’ble Supreme Court held that they are free to make representation appealing to the good conscience of the State of Bihar which shall consider and pass an appropriate order. While making observation, the Hon’ble Apex Court further clarified that even if their representations are rejected, it will not give rise to any proceedings/appeal in any of the Court.
6. Further, in Civil Appeal No(s). 27952797/17 (Chandra Gupta Kumar & Ors. vs State of Bihar & Ors.), the Hon’ble Apex Court further made it clear that the registry shall not to entertain any petition/application relating to
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the selection of Sub-Inspectors for the year 2004 without express permission of the Court and the review petition so filed was dismissed.
7. Following the said order, the CWJC No. 535 of 2020 was dismissed on 05.07.2022 by one of the learned Single Judge of the Patna High Court.
8. In the aforesaid background, the writ petition in question (CWJC No. 13840 of 2019) was taken up by learned Single Judge on 23.09.2022 and following order was passed:-
“Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing.
The parties are in agreement that the present case is squarely covered by an order dated 05.07.2022 passed in CWJC No.535 of 2020, wherein taking note of the order passed in SL.P (Civil No.) 2795-2797/2017 of the Hon'ble Apex Court limiting relief in favour of 133 persons, the writ petition has been dismissed in the following terms:
"In view of the order of the Hon'ble Supreme Court limiting the relief to 133 persons, and no case having been made out by petitioners to claim appointment against advertisement No. 704
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of 2004, there is no occasion for this Court to issue any direction for petitioners' appointment."
The instant application is, therefore, accordingly dismissed in the same terms as being devoid of merit.”
9. The entire facts have been detailed out in the above paragraphs which takes us to only one conclusion; the appeal is without any merit and is fit to be dismissed.
10. The L.P.A. No. 583 of 2022 stands
dismissed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Neha/-
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| Uploading Date | 08.01.2024 |
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1 issue framed by the court
Whether the appeal could succeed given the Supreme Court restricted relief in the 2004 Sub-Inspector selection to only 133 persons.
Colour shows how this judgement treated each authority
SLP (Civil No.) 2795-2797/2017Applied¶2
Arvind Kumar & Ors. vs Amir Subhani & Ors.Referred¶4
Contempt Petition (C) No. 1711/2018
Rajeev Kumar & Ors. vs Amir Subhani & Ors.Referred¶4
Contempt Petition (C) No(s). 1871-1875/2018
Chandra Gupta Kumar & Ors. vs State of Bihar & Ors.Applied¶6
Civil Appeal No(s). 2795-2797/17
Pradeep Kumar Mishra
The State of Bihar through the Chief Secretary
The Principal Secretary General Administration Department, Government of Bihar
The Principal Secretary Home Department, Government of Bihar
The Director General of Police, Bihar
The Bihar Staff Selection Commission through its Secretary
K. Vinod Chandran
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
