Disposed

Rinku Kumari v. The State of Bihar

Patna HC25 Jan 2024CWJC/2947/2020

Case brief

AI extract

What is this about?

The petitioner, selected as a constable, faced cancellation of her candidature due to alleged signature mismatch and inability to read/write during verification. The High Court held that no hearing was provided before cancellation and directed the petitioner to submit a representation to the Superintendent of Police within 30 days, who was directed to pass a reasoned order within 90 days.

What did the court decide?

Direction issued to the petitioner to file a representation to the Superintendent of Police, Samastipur within 30 days; the Superintendent directed to pass a reasoned order within 90 days.

Rinku Kumari Vs The State of Bihar — Service and Employment | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2947 of 2020

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Rinku Kumari Wife of Yamuna Prasad Kant @ Yamuna Kumar Kant Resident of Village- Barapandeya Rajauli, Police Staiton- Roh, District- Nawada.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

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Central Selection Board Bihar, Patna through its Chairman, Central Selection Board, Bihar, Patna.

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Secretary Central Selection Board, Bihar, Patna.

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Special Officer Central Selection Board, (Constable Recruitment), Bihar, Patna.

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The Superintendent of Police Samastipur.

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Sergeant Major Police Line, Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Prasad Singh, Adv. : Mr. Rajeev Kumar, Adv. For the Respondent/s : Mr. P. K. Verma ( AAG3 ) : Mr. Saroj Kr. Sharma, AC to AAG3 For the CSBC : Mr. Sanjay Pandey, Adv. : Mr. Binod Kumar Mishra, Adv. : Mr. Vivek Anand Amritesh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 25-01-2024

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Heard learned counsel for the petitioner, learned

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counsel for the State and counsel for the Central Selection Board, Bihar, Patna.

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Counsel for the petitioner submits that the present writ petition has been filed for acceptance of the joining of the petitioner pursuant to the selection made in the light of Advertisement No. 01 of 2017 for Samastipur District Police Force.

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Patna High Court CWJC No.2947 of 2020(4) dt.25-01-2024 2/4

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Counsel submits that in pursuant of the Advertisement No. 01 of 2017 published by Central Selection Board, Bihar, Patna, petitioner appeared for the post of constable and she was selected and joining letter has been issued, but at the time of joining, she was taken into custody and criminal case has been lodged. Subsequently, she came out from jail and tried her level best, but she was not permitted to join and due to which she filed writ petition.

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Counsel for the Central Selection Board on the other hand submits that petitioner was declared successful out of 9900 vacancies. She has considered under the recommendation of the successful candidates for appointment on the post of constable to the concerned authority. But being successful candidate, all original documents for appointment on the post of constable had sent to the Superintendent of Police and direction for appointment of selected candidates was made. During verification of her document, it was found that signature of petitioner was not matching with the signature made by the petitioner on documents during nomination and she was not even able to read and write anything. Upon verification of the application form and other documents, doubt has been created and for that a Committee was constituted under the direction of

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Patna High Court CWJC No.2947 of 2020(4) dt.25-01-2024 3/4

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Dy. Superintendent of Police for verification of petitioner and other candidates. The said Committee after personal verification of the petitioner and other six candidates through biometric method, found that hand writing of the petitioner was not matched with the signature present on OMR sheets of written examination and on this ground, F.I.R. has been lodged against the petitioner and on her helper scholar for committing fraud, and as such, the candidature of the petitioner has been cancelled with allegation that the written examination for constable recruited under Advertisement No. 01 of 2017, has been made by fraud and forgery and she was not permitted to join the said post.

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Counsel for the State submits that Annexure-D of the counter-affidavit, is the letter dated 30.07.2018 contained in memo No. 1161 by which the deficiency of the petitioner has been shown.

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By virtue of the pleadings made, it transpires to this Court that opportunity of hearing to the petitioner has not been granted at any stage. As such, this writ petition is disposed off directing the petitioner to represent before the Superintendent of Police, Samastipur showing the reasons as to why her signature in the examination hall on OMR sheet as well as her signature

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Patna High Court CWJC No.2947 of 2020(4) dt.25-01-2024 4/4

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taken by authority are mismatching and she was not in a position to read and write by way of filing representation within 30 days along with this order and the Superintendent of Police, Samastipur is directed to pass a reasoned and speaking order within 90 days thereafter.

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With the aforesaid direction, the present writ application is hereby disposed off.

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(Dr. Anshuman, J.)

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Prakashmani/-

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Rinku Kumari v. The State of Bihar

Case brief

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Rinku Kumari v. The State of Bihar

Case brief

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