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Vikash Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Vikash Yadav Vs The State of BiharVikash Yadav v. The State of Bihar

Disposed¶¶28

Vikash Yadav v. The State of Bihar

Patna HC21 Mar 2025CWJC/4259/2025

Case brief

AI extract

What is this about?

Patna High Court, Harish Kumar, J, decided 21-03-2025; CWJC No. 4259 of 2025; Vikash Yadav & Anr. v. State of Bihar & Ors. (with DG Police, DG Home Guards, DM Siwan, SP Siwan, District Commandant Home Guard Siwan); Home Guard selection/recruitment, District Siwan; Advertisement No. 02 of 2011; final list prepared block-wise instead of district-wise; parity with Smt. Krishnavati Devi & Ors. v. State of Bihar, CWJC No. 159 of 2018 (order dated 13.08.2024, Annexure-P/3); writ petition disposed off in terms of said order; identical relief if case identical; counsel: Bijay Prakash Singh for petitioners, Government Pleader (20) for respondents.

What did the court decide?

Writ petition disposed of in terms of the order dated 13.08.2024 in CWJC No. 159 of 2018 and other analogous cases; identical relief to be accorded to the petitioners if their case is found identical.

Why is it important?

The writ petition is disposed of in terms of the order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases. ¶¶26

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the order dated 13.08.2024 in CWJC No. 159 of 2018 and other analogous cases; identical relief to be accorded to the petitioners if their case is found identical.

Issue for consideration

Whether the final Home Guard panel/list for the District of Siwan under Advertisement No. 02 of 2011 was validly prepared block-wise when the advertisement required a district-wise panel. +1 more

Ratio / Principle

The writ petition is disposed of in terms of the order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases.

Key takeaways

If the case of the petitioners is found identical to those of the petitioners of CWJC No. 159 of 2018 and other analogous cases, identical relief shall be accorded to the petitioners.ratio¶¶27

Detailed headnote1 paragraphs

Home Guard selection (Siwan) — Advertisement No. 02 of 2011 — petitioners aggrieved by final list/panel prepared block-wise instead of district-wise as required under the advertisement — sought parity with co-ordinate Bench decision in Smt. Krishnavati Devi & Ors. v. State of Bihar & Ors., CWJC No. 159 of 2018 (order dated 13.08.2024, copy as Annexure-P/3) — State submitted the matter required consideration by the competent authority — Held: considering the submissions and materials on record, writ petition disposed of in terms of the order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases; if petitioners' case is found identical to those of the petitioners of CWJC No. 159 of 2018, identical relief shall be accorded (Paras 5-7; Harish Kumar, J.).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4259 of 2025

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

Vikash Yadav Son of Parshuram Yadav @ Prabhuram Yadav, Resident of Village Mairi Tand, P.O. - Dumarhar, P.S. - Guthani, District - Siwan.

Shashi Prakash Yadav Son of Maksudan Yadav, Resident of Village - Mairi Tand, P.O. Dumarhar, P.S. - Guthani, District - Siwan.

... ... Petitioner/s

Versus

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

The Director General of Police, Govt. of Bihar, Patna

The Director General, Home Guards, Govt. of Bihar, Patna.

The District Magistrate, Siwan.

The Superintendent of Police, District - Siwan.

The District Commandant, Home Guard, Siwan, District- Siwan.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Respondent/s : Mr. Government Pleader (20)

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

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 21-03-2025 Heard the parties.

The petitioners are aggrieved with the final list of

the Home Guard issued in the District of Siwan, in terms of Advertisement No. 02 of 2011, whereby the panel has been prepared as block wise instead of district wise, as required under the advertisement.

Adverting to the facts enumerated in the writ petition, learned Advocate for the petitioners has taken this Court through the order passed by the learned co-ordinate Bench of this Court in case of Smt. Krishnavati Devi & Ors.

Patna High Court CWJC No.4259 of 2025(2) dt.21-03-2025 2/2

Vs. The State of Bihar & Ors. and other analogous cases, [CWJC No. 159 of 2018] , the copy of which is places as Annexure-P/3 to the writ petition. It is the contention of the petitioners that the case of the petitioners is squarely covered with the aforenoted decision rendered by this Court.

Learned Advocate for the State, at this juncture, dispelling the contention of the petitioner submits that the matter is required to be considered by the competent authority, since the petitioners seek parity to the petitioners of CWJC No. 159 of 2018 and other analogous cases.

Considering the submissions advanced on behalf of the learned Advocate for the respective parties and the materials available on record, this Court thinks it appropriate to dispose off the writ petition, in terms of the order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases.

Suffice it to observe that if the case of the petitioners find identical to those of the petitioners of CWJC No. 159 of 2018 and other analogous cases, identical relief shall be accorded to the petitioners.

The writ petition stands disposed off.

(Harish Kumar, J)

shivank/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the final Home Guard panel/list for the District of Siwan under Advertisement No. 02 of 2011 was validly prepared block-wise when the advertisement required a district-wise panel.¶¶21
2.
Whether the petitioners are entitled to parity with the petitioners in CWJC No. 159 of 2018 and other analogous cases, i.e., whether their case is squarely covered by that decision.¶¶24
The court held
The writ petition is disposed of in terms of the order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases.ratio¶¶26

Cases cited

Colour shows how this judgement treated each authority

AI extract

Smt. Krishnavati Devi & Ors. Vs. The State of Bihar & Ors. and other analogous casesApplied¶¶26
[CWJC No. 159 of 2018]

Procedural history

How this case reached the court

AI extract

Order under challenge
Final list/panel of Home Guard candidates for the District of Siwan, issued in terms of Advertisement No. 02 of 2011, whereby the panel was prepared block-wise instead of district-wise as required under the advertisement.¶¶21
Prior proceeding
Learned co-ordinate Bench decision in Smt. Krishnavati Devi & Ors. Vs. The State of Bihar & Ors. and other analogous cases [CWJC No. 159 of 2018]; copy placed as Annexure-P/3 to the writ petition; petitioners contend their case is squarely covered by that decision.¶¶24
Prior proceeding
Order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases — the terms in which this Court directed disposal of the present writ petition.¶¶26

Parties & counsel

AI extract

petitioner
Vikash Yadav¶¶3
Mr. Bijay Prakash Singh, Adv.
petitioner
Shashi Prakash Yadav¶¶4
Mr. Bijay Prakash Singh, Adv.
respondent
The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna¶¶7
Mr. Government Pleader (20)
respondent
The Director General of Police, Govt. of Bihar, Patna¶¶8
Mr. Government Pleader (20)
respondent
The Director General, Home Guards, Govt. of Bihar, Patna¶¶9
Mr. Government Pleader (20)
respondent
The District Magistrate, Siwan¶¶10
Mr. Government Pleader (20)
respondent
The Superintendent of Police, District - Siwan¶¶11
Mr. Government Pleader (20)
respondent
The District Commandant, Home Guard, Siwan¶¶12
Mr. Government Pleader (20)

Coram

AI extract

Honourable Mr. Justice Harish Kumarauthor¶¶18

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 21 Mar 2025 · March
Registered: 17 Mar 2025
Case no.: CWJC/4259/2025
CNR: BRHC010193522025
Bench: Harish Kumar
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case (CWJC)

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Cite this judgement

Vikash Yadav v. The State of Bihar, CWJC/4259/2025 (PAT), decided on 21 March 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Smt. Krishnavati Devi & Ors. Vs. The State of Bihar & Ors. and other analogous casesApplied¶¶26

Open Authorities

Procedural history3

Final list/panel of Home Guard candidates for the District of Siwan, issued in terms of Advertisement No. 02 of 2011, whereby the panel was prepared block-wise instead of district-wise as required under the advertisement.
Learned co-ordinate Bench decision in Smt. Krishnavati Devi & Ors. Vs. The State of Bihar & Ors. and other analogous cases [CWJC No. 159 of 2018]; copy placed as Annexure-P/3 to the writ petition; petitioners contend their case is squarely covered by that decision.
Order dated 13.08.2024 passed in CWJC No. 159 of 2018 and other analogous cases — the terms in which this Court directed disposal of the present writ petition.

View full history

Bench / Coram

Honourable Mr. Justice Harish Kumar

Parties & counsel