Disposed¶30

Mukesh Kumar v. The State of Bihar

Patna HC20 Mar 2025CWJC/4209/2025

Case brief

AI extract

What is this about?

Patna High Court, CWJC No.4209 of 2025, decided 20-03-2025, Harish Kumar J. Home Guards Bhagalpur selection under Advertisement No. 2/2011; block wise versus district wise merit list; non-implementation of C.W.J.C. No. 11645 of 2019 upheld through L.P.A. No. 645 of 2021 (dismissed 20.06.2024) and SLP No. 24421 of 2024 (dismissed 18.10.2024); reliance on C.W.J.C. No. 1338 of 2023 (order dt. 17.10.2024); compliance direction to District Magistrate, Bhagalpur; representation within two weeks; action within eight weeks; writ petition disposed.

What did the court decide?

Direction to respondent no.4, the District Magistrate, Bhagalpur, to consider the petitioners' claim in terms of C.W.J.C. No. 11645 of 2019; representation to be filed preferably within two weeks and appropriate action to be taken thereon within a further eight weeks.

Mukesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, notwithstanding that the Home Guard merit list under Advertisement No. 2/2011 was prepared block wise instead of district wise, the respondent is duty bound to consider the petitioners' claim in terms of the settled law laid down in C.W.J.C. No. 11645 of 2019 (affirmed up to the Apex Court).

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Court's answer

This Court found it appropriate to direct respondent no.4, the District Magistrate, Bhagalpur, to consider the claim of the petitioners in terms of the decision rendered in C.W.J.C. No. 11645 of 2019.

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Ratio / Principle

The petitioners are at liberty to file a representation along with the order of this Court, and if filed preferably within two weeks, respondent no.4 shall consider the claim and take appropriate action in the light of the order in C.W.J.C. No. 11645 of 2019 within a further period of eight weeks.

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Detailed headnote1 paragraphs

Home Guards recruitment (Advertisement No. 2/2011), Bhagalpur - merit list prepared block wise instead of district wise - issue of district-wise preparation already settled by this Court in C.W.J.C. No. 11645 of 2019, affirmed through dismissal of L.P.A. No. 645 of 2021 (20.06.2024) and SLP No. 24421 of 2024 (18.10.2024); final merit list yet to be revised - co-ordinate Bench in C.W.J.C. No. 1338 of 2023 (order dt. 17.10.2024) had issued similar compliance direction - Held: respondent no.4, the District Magistrate, Bhagalpur, directed to consider the petitioners' claim in terms of C.W.J.C. No. 11645 of 2019; petitioners at liberty to file representation with a copy of the order, preferably within two weeks, whereupon the District Magistrate to take appropriate action within a further period of eight weeks. Writ petition disposed of. (Harish Kumar, J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4209 of 2025

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Mukesh Kumar Son of Jay Kishore Yadav @ Jay Kishor Yadav, Resident of Village- Ram Nagar, P.S. and Block Pirpainti, District- Bhagalpur.

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Ranjan Yadav, S/o Brahmdeo Prasad Yadav @ Bahmdeo Yadav, Resident of Village- Ram Nagar, P.S. and Block Pirpainti, District- Bhagalpur.

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Bhawesh Kumar Yadav, Son of Nageshwar Yadav, Resident of Ward No. 10 Athania (Simanachyataiya) P.S. and Block Pirpainti, District- Bhagalpur.

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Subhash Chandra Kumar, Son of Devnarayan Mandal, R/o VillageDildarpur, P.S. Ghogha, Block Kahalgaon, District- Bhagalpur.

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Sunil Kumar Yadav, Son of Naresh Prasad Yadav, R/o Village- Ghogha Bazar, P.S. Ghogha, Block Kahalgaon, District- Bhagalpur.

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Anuj Kumar, S/o Bindhyachal Roy, R/o Village- Sarkanda, P.S. Ishipur Barahat, Block Pirpainti, District- Bhagalpur.

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Versus

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The State of Bihar through Home, Secretary, Government of Bihar Main Secretariat, Patna.

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The Home Secretary, Government of Bihar Main Secretariat, Patna.

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The Director General of Police, Home Guard Main Secretariat, Patna.

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The District Magistrate, Bhagalpur, District- Bhagalpur.

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The Commandant Home Guard Bhagalpur, District Bhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv. For the Respondent/s : Mr. Addl. Advocate General (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 20-03-2025 Heard the parties.

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The petitioners are aggrieved with the merit list of

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the Home Guards duly prepared and published in terms of Advertisement No. 2/2011, which has been prepared on the

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Patna High Court CWJC No.4209 of 2025(2) dt.20-03-2025 2/4

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basis of block wise instead of district wise.

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Mr. Indeshwari Prasad Mandal, learned counsel for the petitioners contended that the issue with regard to the preparation of merit list, stood settled by this Court in C.W.J.C. No. 11645 of 2019, wherein this Court has directed the respondents to publish provisional and final merit list on the district wise basis. The afore-noted order was also put to challenge by the State of Bihar and Others in L.P.A. No. 645 of 2021, which also came to be dismissed on 20.06.2024. The matter travelled up to the Apex Court in SLP No. 24421 of 2024, which also stood dismissed on 18.10.2024.

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Adverting to the aforesaid facts, learned counsel for the petitioners further contended that despite the issue settled up to the Apex Court, the respondent authorities are sitting tight over the matter and till date, they have not revised the final merit list in terms of the order of this Court passed in C.W.J.C. No. 11645 of 2019. Reliance has also been placed on a decision rendered by the learned co-ordinate Bench of this Court in C.W.J.C. No. 1338 of 2023, which was disposed off vide order dated 17.10.2024 with a direction to the concerned District Magistrate to consider the grievance of the writ-petitioners expeditiously in the light of the law laid down by this Court in

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Patna High Court CWJC No.4209 of 2025(2) dt.20-03-2025 3/4

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L.P.A. No. 645 of 2021 and other analogous cases. It is lastly contended that still the seats are vacant against which the petitioners can be adjusted but owing to non-adherence to the direction of this Court, the petitioners have been deprived from their selection.

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Learned counsel for the State fairly contended that if the law has already stood settled by this Court, the concerned respondent is duty bound to consider the claim of the petitioners.

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Having considered the submissions advanced on behalf of the respective parties, this Court finds it appropriate to direct the respondent no.4, the District Magistrate, Bhagalpur, to consider the claim of the petitioners in terms of the decision rendered in C.W.J.C. No. 11645 of 2019.

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For proper appreciation of the matter, the petitioners are at liberty to file a representation along with the order of this Court. In case, such a representation is filed preferably within a period of two weeks from today, the respondent no.4, shall consider the claim of the petitioners and take appropriate action in the light of the order passed by this Court in C.W.J.C. No. 11645 of 2019 within a further period of eight weeks.

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Patna High Court CWJC No.4209 of 2025(2) dt.20-03-2025 4/4

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The writ petition stands disposed off.

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(Harish Kumar, J)

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rohit/-

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Mukesh Kumar v. The State of Bihar

Case brief

What is this about?

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Mukesh Kumar v. The State of Bihar

Case brief

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