Ravish Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3435 of 2022

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Sudhir Kumar Gupta S/o Rajkumar Gupta Resident of Village- Chechariya, P.S. and P.O.- Nagar Untari, District- Garhwa, Jharkhand.

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Anuj Kumar Singh S/o Ranjay Kumar Singh Resident of Village- Jamalpur, P.O. and P.S.- Bihpur, District- Bhagalpur, Bihar.

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Manish Kumar S/o Rajkumar Prasad Resident of Village- Pipra, P.O. and P.S.- Govindpur, District- Nawada, Bihar.

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Abhishek Kumar Singh S/o Nand Kishor Singh Resident of Village and P.O.- Masarh, P.S.- Udwantnagar, District- Bhojpur, Bihar.

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Vinay Kumar Choudhary S/o Sanjay Kumar Choudhary Resident of Village- Selhouri Bag, P.O.- Belhouri, P.S.- Dulhin Bazar, District- Patna, Bihar.

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Arjun Kumar Singh S/o Vijay Singh Resident of Village and P.O.- Masarh, P.S.- Udwantnagar, District- Bhojpur, Bihar.

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Sunil Kumar S/o Ramratan Chaudhary Resident of Village- Meyari, P.O.Tarwan, P.S.- Fatehpur, District- Gaya, Bihar.

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Vikash Kumar Singh S/o Vijay Kumar Singh Resident of Village- Kenari, P.O.- Itwan, P.S.- Mohanpur, District- Gaya, Bihar.

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Atul Kumar S/o Uday Kant Singh Resident of Village- Mahna, P.O.Mahna, P.S.- Barauni, District- Begusarai, Bihar.

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Akash Kumar S/o Arvind Kumar Sharma Resident of Village- Samhariya, P.O.- Choury, P.S.- Kaler, District- Arwal, Bihar.

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Pranvendra Raj S/o Radheshyam Upadhyay Resident of Village and P.O.Khiriaon, P.S.- Nasriganj, District- Rohtas, Bihar.

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Manish Kumar S/o Binod Mandal Resident of Village- Auraiya, P.O. and P.S.- Lakhisarai, District- Lakhisarai, Bihar.

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Amar Kumar S/o Akhileshwar Prasad Resident of Village- Narayanpur, P.O.- Daulatpur, P.S.- Koilwar, District- Bhojpur.

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Kundan Kumar S/o Baliram Rai Resident of Village- Babhnauli, P.O.Manikpur, P.S.- Koilwar, District- Bhojpur, Bihar.

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Bablu Kumar S/o Suresh Mehta Resident of Village- Shahpur Akhada, P.O. and P.S.- Aurangabad, District- Aurangabad, Bihar.

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Satyanand Chaurasiya S/o Mahendra Chaurasiya Resident of VillageMussi Bira, P.O. and P.S.- Makhdumpur, District- Jehanabad, Bihar.

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Deepak Kumar S/o Sunil Saw Resident of Village- Nala Road, Panchu Hisua, P.O. and P.S.- Hisua, District- Nawada, Bihar.

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Raviraj Kumar S/o Chamak Lal Mahto Resident of Village- Toralpur, P.O.Mustafapur, P.S.- Surajgarha, District- Lakhisarai, Bihar.

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Shashi Kumar S/o Sribhagvan Singh Resident of Village- Baradih, P.O.Parasia Thakurai, P.S.- Nasriganj, District- Rohtas, Bihar.

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Abhishek Kumar S/o Vijay Kumar Resident of Village and P.O. and P.S.Masaurhi, District- Patna.

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Rajnish Kumar S/o Shiv Kumar Singh Resident of Village- Barahpur, P.O.Mor, P.S.- Mokama, District- Patna, Bihar.

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Dheeraj Kumar S/o Bhushan Singh Resident of Village- Madhraptr, P.O.Madhraptr, P.S.- Teghra, District- Begusarai, Bihar.

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Abhimanyu Kumar S/o Padarath Saw Resident of Village- Barahpur, P.O.Mor, P.S.- Mokama, District- Patna, Bihar.

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Raja Babu S/o Rajeshwar Prasad Resident of Village- Nasirnachak, P.O.Barni, P.S.- Dhanarua, District- Patna, Bihar.

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Himanshu Ranjan S/o Satish Prasad Singh Resident of VillageShahbegpur, P.O.- Chintamanichak, P.S.- Mokama, District- Patna, Bihar.

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Happy Gupta S/o Anil Kumar Resident of Village- Bank Road Raxaul, P.O.- Raxaul, P.S.- Raxaul, District- East Chamapran, Bihar.

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Murari Kumar S/o Baleshwar Singh Residen of Village and P.O.Gangasarai, P.S.- Barhiya, District- Lakhisarai.

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Niranjan Kumar S/o Ram Kewal Singh Resident of Village- Belma, P.O.Dharamshala, P.S.- Tikari, District- Gaya, Bihar.

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Sanjeev Kumar S/o Shambhu Sharan Verma Resident of Village- Abgilla Devi Sthan, P.O.- Buniyadganj, P.S.- Muffasil, District- Gaya, Bihar.

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Dharmendra Kumar Bharti S/o Sarjun Chaudhari Resident of Village and P.O.- Ramraichak, P.S.- Sirdala, District- Nawada.

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Rohit Kumar S/o Raja Ram Saw Resident of Village- Bhusunda, P.O.Nauranga, P.S.- Muffasil, District- Gaya, Bihar.

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Alok S/o Shambhu Prasad Sharma Resident of Village- Bishambharpur, P.O.- Datiyana, P.S.- , District-

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Avinash Kumar Singh S/o Ravi Shankar Prasad Singh Resident of VillageKhiryama, P.S. and P.O.- Wazirganj, District- Gaya.

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Prashant Kumar S/o Subodh Sah Resident of Village and P.O.- Kharia, P.S.Bariyarpur, District- Munger, Bihar.

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Bharat Kumar S/o Maheshwari Prasad Resident of Village- Kensarai, P.O.Kensarai, P.S.- Muffasil, District- Nawada.

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Avinash Kumar S/o Ramswaroop Prasad Resident of Village- Amarsingh Bigha, P.O.- Panda Bigha, P.S.- Men, District- Gaya, Bihar.

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Mithun Kumar S/o Umesh Prasad Yadav Resident of Village- Sahebgang Chouki, P.O.- Champanagar, P.S.- University, District- Bhagalpur, Bihar.

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Om Prakash Sahu S/o Jagdish Prasad Sahu Resident of Village- Udhana, P.O. and P.S.- Laukaha, District- Madhubani, Bihar.

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Chandan Kumar S/o Suresh Singh Resident of Village- Kumbhi, P.O.Samay, P.S.- Warisaliganj, District- Nawada, Bihar.

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Suman Kumar S/o Ram Pravesh Gupta Resident of Village- Lohiyanagar Ward No.28, P.O., P.S.- , District- Begusarai, Bihar.

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Santu Kumar S/o Satyendra Yadav Resident of Village- Narawat, P.O.Piyar, P.S.- Atri, District- Gaya, Bihar.

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Alok Kumar Himanshu S/o Dhenukhi Raut Resident of Village and P.O.-

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Rampurwa Bazar, P.S.- Govindganj, District- East Champaran, Bihar.

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Manish Kumar Singh S/o Rambabu Singh Resident of Village and P.O.Parsouni Kapoor, P.S.- Patahi, District- East Champaran, Bihar.

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Sonu Kumar S/o Shiv Shankar Singh Resident of Village- Kapua, P.O. and P.S.- Rajpur, District- , Bihar.

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Raju Kumar S/o Manrajeet Chaudhary Resident of Village- Jagmalwa, P.O. and P.S.- Thawe, District- Gopalganj, Bihar.

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Deepak Kumar S/o Prabhu Kumar Resident of Village- Mahuawa, P.O. and P.S.- Chiraiya, District- .

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Amit Kumar S/o Ramotar Prasad Resident of Village- Bijopur, P.O.Jarubanbariya, P.S.- Mahkar, District- Gaya, Bihar.

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Sachin Kumar Tanti S/o Dhaniklal Tanti Resident of Village- Tetariya, P.O.Dariyapur, P.S.- Haveli Kharagpur, District- Munger, Bihar.

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Amit Kumar S/o Raj Kumar Yadav Resident of Village- Shastri Nagar, Road No.8, P.O.- Munger, P.S.- Kasim Bazar, District- Munger.

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Vinod Kumar S/o Hira Prasad Resident of Village- Station Road Marhawarah, P.O.- Marhawarah, P.S.- Marhawarah, District- Saran, Bihar.

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Ajeet Kumar S/o Surendra Yadav Resident of Village- Nirpur, P.O.Ganpura, P.S.- Noorsarai, District- Nalanda, Bihar.

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Arvind Kumar S/o Ganesh Singh Resident of Village- Akbarpur, P.O.Sathiauta, P.S.- Bhagwanpur, District- Vaishali, Bihar.

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Rakesh Kumar S/o Lakhu Singh Resident of Village- Murarpur, P.O.Kakariya, P.S.- Itarhi, District- Buxar, Bihar.

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Kundan Kumar S/o Mahesh Prasad Singh Resident of Village- Mahathi Dharmchand, P.O.- Mahathi Dharmchand, P.S.- Tisiauta, District- Vaishali, Bihar.

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Rahul Kumar Paswan S/o Rajesh Paswan Resident of Village- Ekray, P.O.Ekadha, P.S.- Ari Ari, District- Sheikhpura, Bihar.

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Rajesh Kumar Chaudhary S/o Arjun Chaudhary Resident of Village and P.O.- Durgapur, P.S.- Giriyak, District- Nalanda, Bihar.

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Raju Kumar S/o Shivshankar Sahani Resident of Village- Roshanpursapha, P.O.- Sapha, P.S.- Sugauli, District- East Champaran, Bihar.

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Saroj Kumar S/o Vindalal Bhagat Resident of Village- Daudnagar, P.O.Chakgado, P.S.- Bidupur, District , Bihar.

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Preetam Kumar S/o Madan Gopal Singh Resident of Village and PostBimawa, P.S.- Bimawan, District- Bhojpur, Bihar.

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Amit Kumar S/o Radha Govind Thakur Resident of Village- Chandwa, P.O.- Chandwa, P.S.- Nawada, District- Bhojpur, Bihar.

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Vivek Singh S/o Birendar Singh Resident of Village- Maulabagh, P.O.Nawada, P.S.- Nawada, District- Bhojpur, Bihar.

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Virendra Kumar S/o Kailash Singh Resident of Village- Gopalkera, P.O.Gopalkera, P.S.- Mohanpur, District- Gaya, Bihar.

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Rahul Roy S/o Raj Kumar Resident of Village- Balulyatar, P.O.- Puraini,

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P.S.- Mufassil, District- Nawada, Bihar.

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Rahul Kumar S/o Brahmdeo Prasad Resident of Village- Benipur, P.O.Abhaipur, P.S.- Piribazar, District- Lakhisarai, Bihar.

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Amit Kumar S/o Satyendra Singh Resident of Village- Shivpur Ara, P.O.Ara, P.S.- Ara Town, District- Bhojpur, Bihar.

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Kislay Kumar S/o Ramashish Yadav Resident of Village- Meghaul, P.O.Meghaul, P.S.- Khodawandpur, District- Begusarai, Bihar.

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Shyam Kumar Yadav S/o Maheshwar Yadav Resident of Village- Yogia, P.O.- Kamlabari, P.S.- Ladania, District- Madhubani, Bihar.

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Arbind Singh S/o Lotan Singh Resident of Village- Mahamman Patti, P.O.Tujarpur, P.S.- Khairah, District- Saran, Bihar.

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Bipin Bihari Patel S/o Virchand Patel Resident of Village and P.O.Bishunpur, P.S.- Govindpur, District- Nawada, Bihar.

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Banty Kumar S/o Subodh Kumar Singh Resident of Village and P.O.Konag, P.S.- Halsi, District- Lakhisarai, Bihar.

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Mahesh Kumar S/o Bhopal Sharma Resident of Village- Dehuni, P.O.Golakpur, P.S.- Ghoshi, District- Jehanabad, Bihar.

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Gaurav Kumar S/o Sanjeev Kumar Singh Resident of Village- Bharadwaj Nagar, P.O.- Bari Aighu, P.S.- Muhffasil, District- Begusarai, Bihar.

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Saurabh Pal S/o Kameshwar Pal Resident of Village- Mitraj, P.O.Sonenagar, P.S.- Barun, District- Aurangabad, Bihar.

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Mihir Kumar S/o Devi Dayal Gupta Resident of Village- Obra, P.O.- Obra, P.S.- Obra, District- Aurangabad, Bihar.

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Pravesh Kumar Yadvendu S/o Keshwar Prasad Yadav Resident of VillageWireless, P.O.- Civil Aerodrome, P.S.- Magadh Medical, District- Gaya, Bihar.

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Ravish Kumar S/o Vijay Tiwari Resident of Village and P.O.- Kab, P.S.Ranitalab, District- Patna, Bihar.

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Rakesh Kumar S/o Arbind Jha Resident of Village- Baijudih, P.O.- Surihari, P.S.- Amarpur, District- Banka, Bihar.

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Prince Kumar S/o Paras Yadav Resident of Village- Maheshpur, P.O.- Daili, P.S.- Harnaut, District- Nalanda, Bihar.

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Mithilesh Kumar S/o Kishundeo Yadav Resident of Village- Laxmipur, P.O.- Lohchi, P.S.- Haveli Kharagpur, District- Munger, Bihar.

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Ankur Prakash S/o Dadan Prasad Singh Resident of Village- Chatar, P.O.Babhangawan, P.S.- Barhara, District- Bhojpur, Bihar.

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Swati Suman D/o Rajeev Prasad Singh Resident of Village- Rudauli, P.O.Rudauli, P.S.- Bachwara, District- Begusarai, Bihar.

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Sijay Kumar S/o Shyam Babu Paswan Resident of Village- Nijampur, P.O.Shorampur, P.S.- Janipur, District- Patna, Bihar.

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Sujit Kumar S/o Lalan Prasad Singh Resident of Village- Awasthichak, P.O.- Nadhghat, P.S.- Gaurichak, District- Patna, Bihar.

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Ashish Kumar S/o Shankar Roy Resident of Village- Jagdishpur, P.O.-

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Kushmaut, P.S.- Nimachand Pura, District- Begusarai, Bihar.

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Bablu Kumar Ray S/o Janardan Prasad Ray Resident of Village- Jhauwan Tola, P.O.- Gorainpur, P.S.- Awatar Nagar, District- Saran, Bihar.

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Mukesh Kumar Mandal S/o Ramrup Mandal Resident of Village and P.O.Sadhua, P.S.- Rangra Chowk, District- Bhagalpur, Bihar.

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Bipin Kumar S/o Varun Kumar Resident of Village- Rampur, P.O.- Ope, P.S.- Aungari, District- Nalanda, Bihar.

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Rishikesh Kumar S/o Saroj Kumar Resident of Village- Bharkuriya, P.O.Sakla Bazar, P.S.- Kachhwan, District- Rohtas, Bihar.

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Rajesh Kumar S/o Arvind Prasad Resident of Village- Ashok Nagar Rajgir, P.O.- Rajgir, P.S.- Rajgir, District- Nalanda, Bihar.

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Dharamdas Raj Kumar S/o Braj Bihari Prasad Resident of Village- South Ram Krishna Nagar, P.O.- New Jangpura, P.S.- R.K. Nagar, District- Patna, Bihar.

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Harsh Raj S/o Nathuai Pal Resident of Village- English Chichroun, P.O. and P.S.- Akbarnagar, District- Bhagalpur, Bihar.

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Harendra Kumar S/o Rabindra Singh Resident of Village- Pathra P.O.Tilouthu, P.S.- Tilothu, District- Rohtas, Bihar.

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Prabhat Kumar S/o Ramakant Rai Resident of Village- Samahuta, P.O.Pipra, P.S.- Karaglor, District- Rohtas, Bihar.

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Ashish Kumar Swarnkar S/o Binod Prasad Resident of Village and P.O.Bamdah, P.S.- Chandramandi, District- Jamui, Bihar.

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Jitendra Kumar S/o Shiv Shankar Singh Resident of Village- Mohaddiganj, P.O. and P.S.- Sasaram, District- Rohtas, Bihar.

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Srikant Paswan S/o Shivnath Paswan Resident of Village- Tilai, P.O.Ropahatha, P.S.- Nokha, District- Rohtas, Bihar.

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Abhishek Singh S/o Bhola Singh Resident of Village- Srikrishna Nagar, P.O. and P.S.- Sasaram, District- Rohtas, Bihar.

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Md Yusuf Jamal Ansari S/o Abdul Salam Resident of Village- Jagdishpur, P.O.- Deobahuatra and P.S.- Marhowrah, District- Saran, Bihar.

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Sobaran Kumar S/o Kamal Bind Resident of Village- Dihariya, P.O.Dumari, P.S.- Chenari, District- Sasaram, Bihar.

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Raushan Kumar S/o Shankar Singh Resident of Village- Bhagwatipur, P.O.Neora, P.S.- Shahpor, District- Patna, Bihar.

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Ravi Kumar Pandey S/o Dhruw Pandey Resident of Village- Bhimpatti, P.O.- Nainijor Chhotki, P.S.- Shahpur, District- Bhojpur, Bihar.

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Rahul Kumar S/o Birendra Kumar Resident of Village- Adampur, P.O.Khagaul, P.S.- Danapur, District- Patna, Bihar.

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Pankaj Kumar S/o Ramsharan Prasad Resident of Village- Beldariya, P.O.Raitar, P.S.- Giriyak, District- Nalanda, Bihar.

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Satyendra Kumar S/o Dashrath Chauhan Resident of Village- Beldariya, P.O.- Raitar, P.S.- Giriyak, District- Nalanda, Bihar.

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Chandan Kumar S/o Surendra Lal Ray Resident of Village- Dhuparchark,

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P.O.- Alampur, P.S.- Janipur, District- Patna, Bihar.

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Mamta Kumari D/o Rambharosi Mandal Resident of Village- Jagdishpur, P.O. and P.S.- Surajgarha, District- Lakhisarai, Bihar.

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Saurav Kumar S/o Nawen Kumar Resident of Village- Jakarpura, P.O. and P.S.- Surajgarha, District- Lakhisarai, Bihar.

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Kundan Kumar S/o Shyamdev Paswan Resident of Village- Bhushaula Danapur, P.O.- Mubarakpur, P.S.- Phulwarisharif, District- Patna, Bihar.

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Upendra Kumar S/o Chandrika Chaudhri Resident of Village- Gaur Bigha, P.O.- Malikpur, P.S.- Rajgir, District- Nalanda, Bihar.

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Shashikant Kumar S/o Shrichand Choudhary Resident of Village and P.O.Badichhariyari, P.S.- Tharthari, District- Nalanda, Bihar.

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Sonu Kumar S/o Subhash Yadav Resident of Village- Chaughara, P.O.Hardi, P.S. and District- Supaul, Bihar.

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Rakesh Kumar S/o Subhash Kumar YAdav Resident of Village- Khagaur Hakimganj, P.O.- Kiul R.S., P.S.- Kiul, District- Lakhisarai, Bihar.

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Ruchi Kumari D/o Deochandra Bhagat Resident of Village and P.O. and P.S.- Saharghat, District- Madhubani, Bihar.

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Sanoj Kumar S/o Subhash Choudhary Resident of Village- Ahiapor, P.O. and P.S.- Maner, District- Patna, Bihar.

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Sameer Hussain S/o Mahammad Hussain Resident of Village- Banpura, P.O.- Banpura, P.S.- Rasulpur, District- Saran, Bihar.

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Nikhil Kumar Tiwari S/o Shriniwash Tiwari Resident of Village and P.O.Mahammadpur, P.S.- Manjhi, District- Saran, Bihar.

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Manish Kumar S/o Rajendra Ram Resident of Village- Naya Tola Chandanbag, P.S.- Kasim Bazar, P.O. and District- Munger, Bihar.

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Sanjeev Kumar S/o Yugeshwar Rajak Resident of Village- Maksuspur, P.O.- Dhobi Tola Munger, P.S.- Kasim Bazar, District- Munger, Bihar.

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Abhay Kumar S/o Satydeo Narayan Sinha Resident of VillageJayprakashpur, P.O. and P.S.- Noorsarai, District- Nalanda, Bihar.

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Vikas Kumar S/o Sakaldeo Yadav Resident of Village- Mahanandpur, P.O.Ugawan, P.S.- Asthawan, District- Nalanda, Bihar.

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Manish Kumar S/o Ramshlok Prasad Resident of Village- Bijopur, P.O.Jarubanbariya, P.S.- Mahkar, District- Gaya, Bihar.

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Ramesh Prasad S/o Lahwar Prasad Resident of Village- Semaria Jahaj Ghat, P.O. and P.S.- Revalganj, District- Saran, Bihar.

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DeepShikha D/o Rajendra Prasad Singh Resident of Village and P.O.Maranchi, P.S.- Maranchi, District- Patna, Bihar.

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Raushan Kumar S/o Siyaram Singh Resident of Village- Kajur, P.O.- Kajur, P.S.- Atri, District- Gaya, Bihar.

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Aakash Singh Verma S/o Rakesh Kumar Resident of Village- Khair, P.O.Khair, P.S.- Khair, District- Aligarh, Uttar Pradesh.

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Mani Kant Singh S/o Ramesh Prasad Singh Resident of Village- Gotpa, P.O.- Gopta, P.S.- Bikramgang, District- Rohtas, Bihar.

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Manoj Kumar S/o Upendra Mandal Resident of Village- Dharampur Banni, P.O.- Banni, P.S.- Maheshkhunt, District- Khagaria, Bihar.

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Suraj Kumar Sharma S/o Umesh Sharma Resident of Village- Chorauli, P.O.- Chorauli, P.S.- Bhagwanpur Hat, District- Siwan, Bihar.

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Sweta Kumari D/o Dinesh Mishra Resident of Village- Ramdas, P.O. and P.S.- Baghi, District- Gopalganj, Bihar.

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Shubham Raj S/o Dileep Prasad Resident of Village- Fatehpur, P.O. and P.S.- Fatehpur, District- Gaya, Bihar.

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Randhir Ranjan S/o Ram Suresh Paswan Resident of Village- Lejur, P.O.Lejur, P.S.- Daudpur, District- Saran, Bihar.

¶144

Kumari Shalu D/o Pramod Kumar Sharma Resident of Village- Kolhurawa Mishra Tola, P.O. and P.S.- Motihari, District- East Champaran, Bihar.

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Twinkle Kumari D/o Uday Prakash Resident of Village- Jehanabad, P.O. and P.S.- Jehanabad, District- Jehanabad, Bihar.

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Ravi Ranjan Pandey S/o Om Prakash Pandey Resident of VillageDharahara, P.O.- Bihiya Chaurasta, P.S.- Bihiya, District- Bhojpur, Bihar.

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Arjun Kumar S/o Kamlesh Prasad Chaurasiya Resident of VillageBhawanipur Mauje, P.O.- Bhawanipur Bazar, P.S.- Nakardei, District- East Champaran, Bihar.

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Nand Kishore Kumar S/o Shiv Kumar Yadav Resident of VillageNawadih, P.O.- Bajaura, P.S.- Dobhi, District- Gaya, Bihar.

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Kumari Rashmi Ranjita D/o Shiv Shankar Sharma Resident of VillageManjhar, P.O.- Sapahi, P.S.- Turkaul, District- East Champaran, Bihar.

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Sikendar Alam S/o Aenul Ali Resident of Village- Salarpur, P.O.- Salarpur, P.S.- Parbatta, District- Khagaria, Bihar.

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Ram Prakash Yadav S/o Gopal Yadav Resident of Village- Bara, P.O.Khajuria, P.S.- Mufassil, District- Bhojpur, Bihar.

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Vishwajeet Kumar S/o Sudhanshu Maharaj Resident of Village- Khawaspur Kala, P.O. and P.S.- Doriganj, District- Saran, Bihar.

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Raju Kumar S/o Ramdhani Prasad Resident of Village- Yashpur, P.O.Tarwan, P.S.- Fatehpur, District- Gaya, Bihar.

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Vinay Bhushan Vidyarthi S/o Suryabhushan Prasad Resident of VillageNagwan, P.O.- Durgapur, P.S.- Giriyak, District- Nalanda, Bihar.

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Ganit Paswan S/o Suro Paswan Resident of Village- Jairampur, P.O.Dharampur Ratti, P.S.- Bihpur, District- Bhagalpur, Bihar.

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Manish Kumar S/o Deo Kumar Singh Resident of Village- Kulharia, P.O.Kulharia, P.S.- Koilwar, District- Bhojpur, Bihar.

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Manish Kumar S/o Naresh Sah Resident of Village- Suja, P.O.- Suja, P.S.Muffasil, District- Begusarai, Bihar.

¶158

Niraj Kumar S/o Girijanandan Prasad Resident of Village- North Lakhibag Manpur Gaya, P.O.- Buniyadganj, P.S.- Muffasil, District- Gaya, Bihar.

¶159

Gunjesh Kumar S/o Pramod Kumar Mishra Resident of Village- Chainpura, P.O. and P.S.- Warsaliganj, District- Nawada, Bihar.

¶160

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 8/43

¶161

Sangita Kumari D/o Atal Bihari Singh Resident of Village- Dumariya, P.O.Bharauli, P.S.- Sahpur, District- Bhojpur, Bihar.

¶162

Nitish Kumar S/o Surendra Paswan Resident of Village- Niyamatpur, P.O. and P.S.- Harnaut, District- Nalanda, Bihar.

¶163

Manish Raj S/o Akhilesh Mandal Resident of Village- Sumeshwar Sthan, P.O. and P.S.- Buxar, District- Buxar, Bihar.

¶164

Rahul Kumar S/o Ramashankar Singh Resident of Village- Barka Gaon, P.O.- Barka Gaon, P.S.- Sikraul, District- Buxar, Bihar.

¶165

Bittu Kumar S/o Lalan Yadav Resident of Village- Mulabagh, P.O. and P.S.Ara, District- Bhojpur, Bihar.

¶166

Monika Kumari D/o Vinay Kumar Resident of Village- Nawada, P.O. and P.S.- Nawada, District- Nawada, Bihar.

¶167

Parmesh Kumar S/o Rajesh Singh Resident of Village- Amra, P.O.- Saraiya Aurangabad, P.S.- Amjhor, District- Rohtas, Bihar.

¶168

Abhyanand Kumar S/o Vishwnath Prasad Resident of Village- Gadiyani Suryapur, P.O.- Suryapur, P.S.- Shrinagar, District- West Champaran, Bihar.

¶169

Vivek Kumar S/o Rajendra Singh Resident of Village- Samjhauli, P.O. and P.S.- Sanjhauli, District- Rohtas, Bihar.

¶170

Abhishek Kumar S/o Purushottam Pandey Resident of Village- Woob, P.O.Bharoob, P.S.- Obra, District- Aurangabad, Bihar.

¶171

Suryakant Kumar Pandey S/o Purushottam Pandey Resident of VillageHero, P.O.- Nagma, P.S.- Meskaur, District- Nawada, Bihar.

¶172

Manish Kumar Pandey S/o Pramod Kumar Pandey Resident of VillageKhudaganj, P.O.- Khudaganj, P.S.- Khudaganj, District- Nalanda, Bihar.

¶173

Rajdev Kumar S/o Rajnandan Choudhary Resident of Village- Kharauna, P.O.- Ramboxjatipur, P.S.- Nabatpur, District- Patna, Bihar.

¶174

Usha Kumari D/o Mayanand Mishra Resident of Village- Andhara, P.O.Andhara, P.S.- Andhara, District- Madhubani, Bihar.

¶175

Priyanka Kumari D/o Bisheshwar Nath Rai Resident of VillageMishrawliya, P.O.- Kamarpur, P.S.- Muffsil, District- Buxar, Bihar.

¶176

Amit Anand S/o Subodh Kumar Nirala Resident of Village and P.O.- Latra, P.S.- Gopalpur, District- Bhagalpur, Bihar.

¶177

Aftab Alam S/o Mohammad Allauddin Resident of Village- Harinagar, P.O.- Raghunidehat, P.S.- Rajnagar, District- Madhubani, Bihar.

¶178

Nitish Kumar S/o Satendra Yadav Resident of Village and P.O.- Bahrawan, P.S.- Barh, District- Patna, Bihar.

¶179

Priya Ranjan Kumar Sharma S/o Asharfi Sharma Resident of Village and P.O.- Keshonarayanpur, P.S.- Tajpur, District- Samastipur, Bihar.

¶180

Navneet Kumar Singh S/o Rajkishor Singh Resident of Village- Reganiya, P.O.- Jhari, P.S.- Amas, District- Gaya, Bihar.

¶181

Manish Kumar S/o Mukesh Kumar Resident of Village- Naya Bazar Akroura, P.O., P.S. and District- Buxar, Bihar.

¶182

Vikas Kumar S/o Ramjanm Yadav Resident of Village- Gosain Gown, P.O.-

¶183

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 9/43

¶184

Dhanakdobh, P.S.- Ghoswari, District- Patna, Bihar.

¶185

Sandeep Kumar S/o Rajendra Kumar Resident of Village- Dariyasaray, P.O.- Raitar, P.S.- Silao, District- Nalanda, Bihar.

¶186

Shailesh Kumar S/o Umesh Prasad Resident of Village- Gopalpur Math, P.O.- Nadaul, P.S.- Masarhi, District- Patna, Bihar.

¶187

Nishant Kumar Sah S/o Raj Kumar Sah Resident of Village- Khanua, P.O.Keshonarayanpur, P.S.- Patori, District- Samastipur, Bihar.

¶188

Nirbhay Tiwari S/o Binod Tiwari Resident of Village- Baraon, P.O.Baraon, P.S.- Nokha, District- Rohtas.

¶189

Shrikant Kumar S/o Jagranath Singh Resident of Village and P.O.- Baraon, P.S.- Nokha, District- Rohtas, Bihar.

¶190

Sakambhari Divya D/o Kundendu Singh Resident of Village and P.O.Enai, P.S.- Rivilganj, District- Saran, Bihar.

¶191

Roji Kumari D/o Mukti Narayan Tiwari Resident of Village- Kuri, P.O.Meyari Bazar, P.S.- Nokha, District- Rohtas, Bihar.

¶192

Gaurav Kumar Singh S/o Krishna Kumar Singh Resident of Village and P.O.- Shyampur, P.S.- Mohammadpur, District- Gopalganj, Bihar.

¶193

Nitesh Kumar S/o Pawan Jha Resident of Village- Nondarhi, P.O.Sidhapkala, P.S.- Ladania, District- Madhubani, Bihar.

¶194

Sudhir Kumar S/o Ram Pravesh Pawan Resident of Village- Balimath, P.O.- Adai, P.S.- Konch, District- Gaya, Bihar.

¶195

Raushan Kumar S/o Akhilesh Kumar Resident of Village and P.O.- Ilara, P.S.- Cherki, District- Gaya, Bihar.

¶196

Rahul Kumar S/o Ashok Paswan Resident of Village- Dumari, P.O.Kurmawan, P.S.- Cherki, District- Gaya, Bihar.

¶197

Deepak Kumar S/o Shyamlal Paswan Resident of Village- Asdhiya, P.O.Birnoi, P.S.- Atri, District- Gaya, Bihar.

¶198

Suraj Kumar S/o Laddu Ram Resident of Village- Sahebganj Chowki, P.O.Champanagar, P.S.- Nathnagar, District- Bhagalpur, Bihar.

¶199

Akriti Kumari D/o Nageshwar Paswan Resident of Village, P.O. and P.S.Sahebpur Kamal, District- Begusarai, Bihar.

¶200

Rohit Kumar S/o Shambhu Kumar Resident of Village, P.O. and P.S.Bakhtiyarpur, District- Patna.

¶201

Rashid Akhtar S/o Nayeem Akhtar Resident of Village- Mushkipur, Bhuriatari, P.O.- Jamalpur, P.S.- Gogri, District- Khagaria, Bihar.

¶202

Santosh Kumar S/o Naresh Das Resident of Village- Khabba-ka Akhara Hazari Mohalla, P.O.- Patna City, P.S.- Mehndiganj, District- Patna, Bihar.

¶203

Maneet Kumar S/o Narayan Yadav Resident of Village- Saino, P.O.- Saino, P.S.- Jagdishpur, District- Bhagalpur, Bihar.

¶204

Ranjay Kumar Pathak S/o Rameshwar Pathak Resident of Village- Barwan, P.O.- Asaon, P.S.- Andar, District- Siwan, Bihar.

¶205

Ravi Ranjan Kumar S/o Raju Prasad Resident of Village- Dhunia Mohalla Rafiganj, P.O. and P.S.- Rafiganj, District- Aurangabad, Bihar.

¶206

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 10/43

¶207

Prashant Kumar S/o Gopal Sharan Singh Resident of Village, P.O. and P.S.Barahiya, District- Lakhisarai, Bihar.

¶208

Niranjan Kumar S/o Dinesh Mahto Resident of Village- Shankarpur Bindtola, P.O.- Shankarpur Chauvnia, P.S.- Nathnagar, District- Bhagalpur, Bihar.

¶209

Ranjan Kumar Das S/o Kunkun Das Resident of Village- Kharwa, P.O.Khiribandh, P.S.- Jagdishpur, District- Bhagalpur, Bihar.

¶210

Rajesh Kumar S/o Kamdev Das Resident of Village- Purainisarai Rampur, P.O.- Nathnagar, P.S.- Nathnagar, District- Bhagalpur, Bihar.

¶211

Narayani Shivam D/o Krishn Nandan Sharma Resident of Village- Aunta, P.O.- Aunta, P.S.- Hathidah, District- Patna, Bihar.

¶212

Saurav Kumar S/o Late Manoj Kumar Resident of Village- Hasanganj, P.O.- Safiyabad, P.S.- Kasim Bazar, District- Munger, Bihar.

¶213

Nitish Kumar S/o Pranav Kumar Resident of Village- Hasanganj, P.O.Safiyabad, P.S.- Kasimbazar, District- Munger, Bihar.

¶214

Mukul Kumar S/o Baidyanath Yadav Resident of Village- Bagraha, P.O.Ahilwar, P.S.- Hasanpur, District- Samastipur, Bihar.

¶215

Achchhelal Kumar S/o Singasan Kushawaha Resident of Village- Gokhula, P.O.- Gokhula, P.S.- Shikarpur, District- West Champaran, Bihar.

¶216

Prabhakar Kumar Singh S/o Ashok Kumar Singh Resident of Village- Saya, P.O.- Jaipur, P.S.- Mali, District- Aurangabad, Bihar.

¶217

Ravi Ranjan Kumar, S/o Shyam Sunder Singh, Resident of Village and P.O.-Shahi Minapur, P.S. Aurai, District-Muzaffarpur, Bihar.

¶218

Niraj Kumar, S/o Gopal Rajak, Resident of Village-Rupauhua, P.O.Rajadih, P.S.-Tettiabamber, District-Munger, Bihar.

¶219

Subhas Kumar, S/o Sikendra Sah, Resident of Village and P.O.-Ghoghsam, P.S.-Simribakhtiyarpur, District-Saharsa, Bihar.

¶220

Saurabh Kumar Singh, S/o Hansnath Singh, Resident of Village-Belsand, P.O.-Belsand, P.S.-Barauli, District-Gopalganj, Bihar.

¶221

Santosh Kumar, S/o Kailash Roy, Resident of Village and P.O.-Bochaha, P.S.-Mohiuddin Nagar, District-Samastipur, Bihar.

¶222

Kundan Singh, S/o Ram Balak Singh, Resident of Village and P.O.Marachhi, P.S.-Jamo Bazar, District-Siwan, Bihar.

¶223

Mohit Kumar Singh, S/o Jainendra Prasad Singh, Resident of VillageChhota Badheyan, P.O.-Barauli, P.S.-Barauli, District-Gopalganj, Bihar.

¶224

Diwakar Kumar Upadhyay, S/o Ramchandra Upadhyay, Resident of Village and P.O. and P.S.-Barauli, District-Gopalganj, Bihar.

¶225

Nanhe Kumar Tiwari, S/o Shankar Tiwari, Resident of Village and P.O.Parauli, P.S.-Basantpur, District-Siwan, Bihar.

¶226

Sudhir Kumar, S/o Basant Ram, Resident of Village-Bikkam, P.O.Kachhiyana, P.S.-Lakhisarai, District-Lakhisarai, Bihar.

¶227

Dhirendra Kumar, S/o Ramsurat Ram, Resident of Village and P.O.-Korara, P.S.-Paliganj, District-Patna, Bihar.

¶228

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 11/43

¶229

Om Prakash Yadav, S/o Mahanth Yadav, Resident of Village-Surwaniya, P.O.-Nautan, P.S. Mirganj, District-Gopalganj, Bihar.

¶230

Asmita Sinha, D/o Alok Kumar Resident of Village and P.O.-Chhatas, P.S.Masaurhi, District-Patna, Bihar.

¶231

Endrendra Kumar, S/o Rameshwar Ram, Resident of Village and P.O.Korara, P.S. Paliganj, District-Patna, Bihar.

¶232

Nidhi Kumari, D/o Shankar Singh, Resident of Village and P.O. and P.S.Dhamar, Bhojpur, District-Patna, Bihar.

¶233

Neha Kumari, D/o Chandra Shekhar Singh, Resident of Village and P.O.Siaruan, P.S. Jagdishpur, District-Bhojpur, Bihar.

¶234

Archana Kumari, D/o Baikunth Sharma, Resident of Village and P.O. and P.S.-Ayer, District-Bhojpur, Bihar.

¶235

Avinash Kumar, S/o Vinod Kumar Sharma, Resident of Village and P.O. and P.S.-Agiaon, District-Bhojpur, Bihar.

¶236

Raju Kumar Sharma, S/o Sukul Sharma, Resident of Village-Dulhinganj, P.O. Saneya Brahata, P.S. Jagdishpur, District-Bhojpur, Bihar.

¶237

Ashutosh Kumar, S/o Shivnandan Prasad Sah, Resident of Village-Rajganj, P.O. Haveli Kharagpur, P.S. Haveli Kharagpur, District-Munger, Bihar.

¶238

Pappu Kumar, S./o Shiv Narayan Pandit, Resident of Village-Tengra, P.O. Tengra, P.S. -Belhar, District Banka, Bihar.

¶239

Ranjit Kumar, S/o Harinandan Pandit, Resident of Village Navtolia, P.O.Saria, P.S. Chautham, District-Khagaria, Bihar.

¶240

Shashi Kant Prasad, S/o Lal Bahadur Prasad, Resident of VillageVishwanath Patti, P.O. Bharwara, P.S.-Singhwara, District Darbhanga, Bihar.

¶241

Radheshyam Paswan, S/o Badhan Paswan, Resident of VillageDarogibigha, P.O.-Chauranwan, P.S. Sheikhpur Sarai, District-Sheikhpura, Bihar.

¶242

Prashant Kumar, S/o Arvind Persad, Resident of Village-Akbarpur Bich Bazar, P.O. Rajhat, P.S.-Akbarpur, District-Nawada, Bihar.

¶243

Aditya Kumar, S/o Satyanarayan Yadav, Resident of Village-Rasalpur, P.O.Rasalpur, P.S.-Salkhua, District-Saharsa, Bihar.

¶244

Vicky Kumar, S/o Kishori Prasad, Resident of Village-Akbarpur, P.O. Rajhat, P.S. Akbarpur, District-Nawada, Bihar.

¶245

Jitendra Kumar Beldar, S/o Shankar Beldar, Resident of Village-Lakhanpur, P.O. Budhgere, P.S. Muffasil, District-Gaya, Bihar.

¶246

Pawan Kumar Yadav, S/o Mangal Prasad Yadav, Resident of VillagePathardei, P.O. Jiradei, P.S. Jiradei, District-Siwan, Bihar.

¶247

Umar Ansari, S/o Md. Khurshid Ansari, Resident of Village and P.O.Kakwara, P.S. Banka, District-Banka, Bihar.

¶248

Suman Kumar, S/o Jayprakash Yadav, Resident of Village-Shrinagar, P.S. Sahebpur Kamal, P.O.-Chharrapatti, District-Begusarai, Bihar.

¶249

Vikash Kumar, S/o Birbali Prasad, Resident of Village-Naurana, P.O. and P.S.-Islampur, District-Nalanda, Bihar.

¶250

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 12/43

¶251

Krishna Kumar Paswan, S/o Govind Paswan, Resident of Village-Mujra, P.O. and P.S.-Ramnagar, District-West Champaran, Bihar.

¶252

Shubham Kumar, S/o Ashok Kumar, Resident of Village-Akbarpur, P.O. Rajhat, P.S. Akbarpur, District-Nawada, Bihar.

¶253

Nitish Kumar, S/o Pramod Jha, Resident of Village and P.O. and P.S.Supaul, District-Supaul, Bihar.

¶254

Priyanka Khare, D/o Mukesh Khare, Resident of Village-Chhindwara Colony, P.O. and P.S.-Chindwara, District-Chindwara, Madhya Pradesh.

¶255

Himanshu Kumar, S/o Barmeshwar Prasad Mandal, Resident of VillageVishal, P.O.-Barmasia, P.S.-Pirpainti, District-Bhagalpur, Bihar.

¶256

Pooja Kumari, Daughter of Balram Thakur, Resident of Village-Kuanhi, P.O.-Chaurghatta, P.S.-Baruraj, District-Muzaffarpur.

¶257

Abhash Parasar, Son of Jyotish Chandra Jha, Resident of Village Rani bari, P.S.-Knagar, P.O.-Khokha, District-Purnia.

¶258

... ... Petitioner/s

¶259

Versus

¶260

The State of Bihar through the Director General of Police, Government of Bihar, Patna.

¶261

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

¶262

The Director General of Police, Bihar, Patna.

¶263

The Bihar Police Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-block, Raghunath Path, Danapur, Patna.

¶264

The Chairman, Bihar Police Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-block, Raghunath Path, Danapur, Patna.

¶265

The Secretary, Bihar Police Sub-ordinate Service Commission, Santosh Manson, B-block, Raghunath Path, Danapur, Patna.

¶266

The Officer on Special Duty, Bihar Police Sub-ordinate Service Commission, Santosh Manson, B-block, Raghunath Path, Danapur, Patna.

¶267

Manish Kumar Thakur, Son of Shesnath Thakur, Resident of VillageSomgadh, P.O. and P.S.-Sathi, District-West Champaran.

¶268

Nitesh Kumar, son of Shiv Chandra Sah, Resident of Village and P.O.Banghra, P.S.-Ghatho, District-Samastipur.

¶269

Sanjeet Kumar, son of Munarik Bind, Resident of Village and P.S.Maheshpur Dih, P.O.-Yogipur, District-Nalanda.

¶270

Bambam Kumar, son of Sanjay Roy, Resident of Village -Sihma Tola, P.S.Muffasil, P.O.-Dhabauli, District-Begusarai.

¶271

Aman Kumar Sudhanshu, Son of Binod Kumar Sudhanshu, Resident of Village and P.O.-Madhurapur (Sourth Tola Nagar), P.S.-Teghra, DistrictBegusarai.

¶272

Raju Kumar, Son of Sunil Kumar Roy, Resident of Village-Ghoda, P.O. and P.S.-Teghra, District-Begusarai.

¶273

Khusboo Kumari, Daughter of Murari Sah, Resident of Village and P.O.Singhaul, P.S.-Singhaul, District-Begusarai.

¶274

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 13/43

¶275

Rohit Kumar, Son of Suresh Mahto, Resident of Village-Sahilori, P.O.Sanjat, P.S.-Bhagwanpur, District-Begusarai.

¶276

Kundan Kumar, Son of Pawan Kumar pabnandu, Resident of VillageBegampur, P.O.-Chhatauna, P.S. Naokothi, District-Begusarai.

¶277

Sweety Kumari, Daughter of Sashibhushan Singh, Resident of Village and P.O. Ullao, P.S.-Mufasil, District-Begusarai.

¶278

Krishna Kanhaiya, Son of Ashok Kumar, Resident of Village and P.O.Chhatauna, P.S. Naokothi, District-Begusarai.

¶279

Deepa Kumari, Daughter of Rajkishor Prasad Singh, Resident of VillageVrindavan, P.O.-Dafarpur, P.S. Naokothi, District-Begusarai.

¶280

Mala Kumari, son of Sambhu Jha, Resident of Village-Samho Sarlahi, P.O.S.S. Barari, P.S.-Shamho, District-Begusarai.

¶281

Kaju Kumar, Son of Ranjan Singh, Resident of Village and P.O.-Katarmala, P.S. Dandari, District-Begusarai.

¶282

... ... Respondent/s

¶283

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

¶284

with Civil Writ Jurisdiction Case No. 4769 of 2022

¶285

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

¶286

1. Ravish Kumar Son of Shailendra Singh Resident of Village- Kotawan, PO and PS- Barauli, District- Gopalganj (Bihar).

¶287

Ritesh Kumar Son of Krishna Mahato Resident of Village- Chhota Shekhpura, P.O.- Chhota Shekhpura, P.S.- Narhat, District- Nawada (Bihar).

¶288

Arbind Kumar Son of Suresh Singh Resident of Village- Chhatihar, P.O.Chhatihar, P.S.- Hisua, District- Nawada (Bihar).

¶289

Sanjay Kumar Son of Saheb Sahni Resident of Darbhanga (Abhanda), P.O. and P.S.- Laheriasarai, District- Darbhanga (Bihar).

¶290

Santosh Kumar Son of Jokhu Baitha Resident of Village and P.O.Bankatwa, P.S.- Jitna, District- East Champaran (Bihar).

¶291

Abhishek Kumar Son of Awadhesh Prasad Resident of Village- Devi Sarai, P.O.- Maghra, P.S.- Deepnagar, District- Nalanda (Bihar).

¶292

Rakesh Kumar Son of Pramod Kumar Singh Resident of Kiul Basti, Pachna Road, Near BSNL Tower, P.O. and P.S. and District- Lakhisarai (Bihar).

¶293

Vikas Kumar Utsav Son of Ramkripal Prasad Resident of Motihari, P.S.Banjaria, District- East Champaran (Bihar).

¶294

Rajan Kumar Son of Ram Bilas Prasad Singh Resident of Village- Saraiya, P.O.- Barbigha, P.S.- Jairampur, District- Shekhpura (Bihar).

¶295

Pawan Kumar Son of Mahesh Singh Resident of Village- Rojapar, P.O., P.S. and District- Arwal (Bihar).

¶296

Bittu Kumar Son of Krishna Prasad Resident of Village, P.O. and P.S.Haspura, District- Aurangabad.

¶297

Ratan Kumar Son of Ramashray Chaudhary Resident of Village, P.O. and P.S. Nanpur, District- Sitamarhi (Bihar).

¶298

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 14/43

¶299

Vipul Kumar Son of Sanjay Kumar Singh Resident of Village- Raniganj Mohalla, P.O. and P.S.- Nara Chakia, District- East Champaran (Bihar).

¶300

Santosh Kumar Ram Son of Umesh Ram Resident of Village- Bhagirathpur, P.O.- Jitwaria, P.S.- Kalyanpur, District- Samastipur (Bihar).

¶301

Raj Kishor Shah Son of Hari Lal Sah Resident of Village- Mahisari, P.O.Bhawanipur, P.S.- Singhwara, District- Darbhanga (Bihar).

¶302

Nitish Kumar Son of Nawal Kishore Singh Resident of Village- Pendapur, P.O.- Kawa, P.S.- Hilsa, District- Nalanda (Bihar).

¶303

Narendra Pandey Son of Sunil Pandey Resident of Village and P.O.Kaithwan, P.S. and District- Sheikhpura (Bihar).

¶304

Santosh Kumar Son of Anant Ram Resident of Village, P.O. and P.S.Udwantnagar, District- Bhojpur at Ara (Bihar).

¶305

Mahavir Kumar Son of Ganauri Yadav Resident of Village- Ganeshchak, P.O.- Bhadeya, P.S.- Barachatti, District- Gaya (Bihar).

¶306

Abinash Kumar Son of Prakash Mani Kumar Satyanshi Resident of Lakhanchand Madhotola, P.O.- Mokama Ghat, P.S.- Mokama, DistrictPatna (Bihar).

¶307

Kundan Kumar Son of Ramchandra Mahto Resident of Village and P.O.Shivnar, P.S.- Mokama, District- Patna (Bihar).

¶308

Ankit Kumar Son of Virendra Prasad Yadav Resident of Village- Mor English, P.O.- Mor, P.S.- Mokama, District- Patna (Bihar).

¶309

Ankit Kumar Paswan Son of Dinesh Paswan Resident of Village- Narma, P.O.- Raily, P.S.- Belaganj, District- Gaya (Bihar).

¶310

Sauraw Kumar Son of Vindeshwari Mandal Resident of Village- Bariarpur Basti, P.O. and P.S.- Bariarpur, District- Munger (Bihar).

¶311

Ramesh Kumar Son of Ramchandra Sah Resident of Village- Lakhnauri, P.O. and P.S.- Muhabbatpur, District- Muzaffarpur (Bihar).

¶312

Chandan Kumar Ram Son of Meghnath Ram Resident of Village- Bheriya, P.O.- Ranisagar, P.S.- Shahpur, District- Bhojpur (Bihar).

¶313

Rakesh Kumar Son of Subhash Prasad Yadav Resident of Village and P.O.Shri Nagar, P.S.- Ghailarh, District- Madhepura (Bihar).

¶314

Raviranjan Kumar Son of Satish Raghav Resident of English, Ward No.2, P.O., P.S. and District- Lakhisarai (Bihar).

¶315

Alok Kumar Son of Loknath Prasad Chourasiya Resident of Village- Kon, P.O. and P.S.- Nokha, District- Rohtas (Bihar).

¶316

Suresh Kumar Chaudhary Son of Malik Chand Chaudhary Resident of Village- Amjhar Sharif, P.O. and P.S.- Haspura, District- Aurangabad (Bihar).

¶317

Raman Kumar Son of Ramdayal Keshri Resident of Village, P.O. and P.S.Bakhri, District- Begusarai (Bihar).

¶318

Bijendra Chaudhary Son of Ram Balee Chaudhary Resident of VillageMasuda, P.O.- Sakri Khurd, P.S.- Mehandia, District- Arwal (Bihar).

¶319

Awnish Kumar Son of Sudhir Sharma Resident of Village- Shambhupura, P.O.- Tiskhora, P.S.- Naubatpur, District- Patna (Bihar).

¶320

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 15/43

¶321

Ashish Kumar Sharma Son of Ram Sringar Sharma Resident of VillageNawtan, P.O. and P.S.- Vijaipur, District- Gopalganj (Bihar).

¶322

Sintu Ram Son of Bikau Ram Resident of Village- Mishrauli, P.O.- Belahi Khas, P.S.- Kateya, District- Gopalganj (Bihar).

¶323

Shankar Kumar Son of Kamlesh Kumar Resident of Village- Porai, P.O. and P.S.- Harnaut District- Nalanda (Bihar).

¶324

Manish Kumar Singh Son of Santosh Kumar Singh Resident of Village and P.O.- Gamharia, P.S.- Akorhi Gola, District- Rohtas (Bihar).

¶325

Sonu Kumar Son of Ram Talika Paswan Resident of Village and P.O.Gamharia, P.S.- Akorhi Gola, District- Rohtas (Bihar).

¶326

Vikash Kumar Singh Son of Triveni Singh Resident of Village- Anantpur, P.O.- Rooppur, P.S.- Mohania, District- Kaimur (Bihar).

¶327

Sagar Kumar Son of Chandra Dev Singh Resident of Village and P.O.Rampur Waina, P.S.- Parasi, District- Arwal (Bihar).

¶328

Sudhakar Kumar Son of Vijay Prasad Resident of Village- Kushwaha Nagar, P.O., P.S. and District- Aurangabad (Bihar).

¶329

Karanveer Son of Upendra Chaudhary Resident of Didarganj Dharamshala, P.O.- Patna City, P.S.- Didarganj, District- Patna (Bihar).

¶330

Mithilesh Kumar Son of Ramjee Prasad Resident of Village- Piprahiyan, P.O.- Usuri Kala, P.S.- Isuapur, District- Saran (Bihar).

¶331

Jay Prakash Narayan Son of Suresh Prasad Resident of Village- Dharampur, P.O.- Kurmavan, P.S.- Konch, District- Gaya (Bihar).

¶332

Sunny Kumar Singh Son of Sanjeevan Kumar Singh Resident of Village, P.O. and P.S.- Malaypur, District- Jamui (Bihar).

¶333

Ratnesh Kumar Son of Nagendra Paswan Resident of Village- Mudila, P.O.Bariarwa, P.S.- Chautarwa, District- West Champaran (Bihar).

¶334

Jay Krishna Kumar Son of Umesh Prasad Yadav Resident of VillagePhutkipur, P.O.- Sanjha, P.S.- Rajoun, District- Banka (Bihar).

¶335

Sujit Kumar Singh Son of Krishna Deo Singh Resident of Village, P.O. and P.S.- Ghosi, District- Jehanabad (Bihar).

¶336

Dileep Chaudhari son of Basudev Chaudhary Resident of Village- Paharpur, P.O.- Kenar Chatty, P.S.- Wazirganj, District- Gaya (Bihar).

¶337

Rakesh Kumar Suman Son of Gaya Ravidas Resident of Village- Barsouna, P.O.- Sohaipur, P.S.- Tankuppa, District- Gaya (Bihar).

¶338

Nitish Kumar Son of Nageshwar Prasad Resident of Village- Gobindpur, P.O.- Salegpur, P.S.- Falka, District- Katihar (Bihar).

¶339

Jainendra Kumar Son of Yadu Paswan Resident of Village and P.O.- Pawa, P.S.- Deepnagar, District- Nalanda (Bihar).

¶340

Randhir Kumar Son of Parmanand Ray Resident of Mohalla- Didarganj Patna City, P.S.- Didarganj, District- Patna (Bihar).

¶341

Yuvraj Kumar Sah Son of Ram Talika Paswan Resident of Village and P.O.Rajawar, P.S.- Rajoun, District- Banka (Bihar).

¶342

Chandan Kumar Son of Dineshwar Singh Resident of Village- Kansopur,

¶343

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 16/43

¶344

P.O.- Baidrabad, P.S. and District- Arwal (Bihar).

¶345

Raja Mukhia Son of Sugriv Mukhia Resident of Village- Laukaria, P.O.Anjua, P.S.- Shikarpur, District- West Champaran (Bihar).

¶346

Rajesh Mohan Son of Sudehan Paswan Resident of Village- Tarwan, P.O.Pabhera, P.S.- Dhanarua, District- Patna (Bihar).

¶347

Mahesh Kumar Son of Naresh Prasad Resident of Village- Bandhuchak, P.O.- Bhadsara, P.S.- Pali, District- Jehanabad (Bihar).

¶348

Shekhar Kumar Son of Subhash Sharma Resident of Village- Nayagaon Shiromani Tola, P.O.- Nayagaon, P.S.- Parbatta, District- Khagaria (Bihar).

¶349

Vimal Kumar Son of Jagdish Prasad Resident of Village- Punitbigha, P.O.Pandooi, P.S.- Parasbigha, District- Jehanabad (Bihar).

¶350

Sonu Kumar Son of Chandradev Paswan Resident of Village and P.O.Srirampur, P.O. and P.S.- Sherghati, District- Gaya (Bihar).

¶351

Gaurav Kumar Son of Rampravesh Ram Resident of Village, P.O. and P.S.Anti, District- Gaya (Bihar).

¶352

Shankar Kumar Ray Son of Moti Lal Ray Resident of Village- Murhaddi, P.O. and P.S.- Babubarhi, District- Madhubani (Bihar).

¶353

Banti Kumar Son of Parmanand Singh Resident of Village- Dariyapur, P.S.Muffasil, District- Munger (Bihar).

¶354

Harsh Kumar Son of Anil Prasad Singh Resident of Village- Jwas, P.O.Dhiradar, P.S.- Barahiya, District- Lakhisarai (Bihar).

¶355

Om Prakash Chaudhari Son of Anil Chaudhari Resident of VillageChahunta, P.O.- Khuthan, P.S.- Haspura, District- Aurangabad (Bihar).

¶356

Neeraj Kumar Son of Nagina Paswan Resident of Village- Mustafapur, P.O.Palatpura, P.S.- Manpur, District- Nalanda (Bihar).

¶357

Kundan Kumar Son of Ram Yatan Paswan Resident of Village and P.O.Kathrahi, P.S.- Bind, District- Nalanda (Bihar).

¶358

Vikash Kumar Son of Dinesh Ravidas Resident of Village- Salaiya Khurd, P.O. and P.S.- Fatehpur, District- Gaya (Bihar).

¶359

Avitav Bachan Son of Ganga Prasad Singh Resident of Village and P.O.Haripur, P.S.- Alouli, District- Khagaria (Bihar).

¶360

Raushan Kumar Son of Suresh Vishwakarma Resident of Village and P.O.Alipur, P.S.- Buniyadganj, District- Gaya (Bihar).

¶361

Shambhu Kumar Son of Upendra Paswan Resident of Village- Pawapuri, P.O.- Moratalab, P.S.- Noorsarai, District- Nalanda (Bihar).

¶362

Ranjan Kumar Son of Shyam Sundar Prasad Resident of Village- Rupaspur, P.O.- Bangpur, P.S.- Tharthari, District- Nalanda (Bihar).

¶363

Rocky Kumar Son of Bhola Prasad Resident of Village, P.O. and P.S.Biharsharif, District- Nalanda (Bihar).

¶364

Chandan Kumar Son of Ramjee Chaudhary Resident of Village, P.O. and P.S.- Baruraj, District- Muzaffarpur (Bihar).

¶365

Rohit Ranjan Son of Satyendra Singh Resident of Village and P.O.- Biseni Khurd, P.S.- Nasriganj, District- Rohtas (Bihar).

¶366

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 17/43

¶367

Rahul Kumar Son of Shashi Shankar Prasad Resident of Mohalla and P.S.Lohiya Nagar, District- Begusarai (Bihar).

¶368

Munna Kumar Das Son of Chhattar Das Resident of Village- Chinveria, P.O.- Arbaria, P.S.- Laxmipur, District- Jamui (Bihar).

¶369

Gunnu Kumar Son of Gautam Prasad Singh Resident of Villagee- Muraura, P.S.- Bihar Sharif, District- Nalanda (Bihar).

¶370

Md. Amir Alam Son of Md. Sahabuddin Ansari Resident of VillageRakasiyan, P.S.- Agrer, District- Rohtas (Bihar).

¶371

Vikash Kumar Son of Prabhansh Kumar Resident of Village- Dulhinganj, P.O.- Saneya Barhta, P.S.- Jagdishpur, District- Bhojpur (Bihar).

¶372

Sumit Kumar Son of Krishnand Yadav Resident of Village- Krishna Puri Yadav, P.O.- Madhubani, P.S.- K. Hat, District- Purnea (Bihar).

¶373

Raushan Kumar Son of Yogendra Prasad Resident of Village- 17 No. Talabpar, Sohsarai, P.O. and P.S.- Sohsarai, District- Nalanda (Bihar).

¶374

Lalu Yadav Son of Janardan Yadav Resident of Village- Kumarsar, Laliya, P.S.- Kumarsar, District- Munger (Bihar).

¶375

Vikas Kumar Singh Son of Shambhu Singh Resident of Village and P.O.Bhagwatiya, P.S.- Kesariya, District- East Champaran (Bihar).

¶376

Harendra Kumar Manjhi Son of Mahajan Manjhi Resident of Village and P.O.- Balia, P.S.- Maharajganj, District- Siwan (Bihar).

¶377

Banti Kumar Son of Ganesh Mistry Resident of Village- Ramtola, P.O. and P.S.- Hathidah, District- Patna (Bihar).

¶378

Narendra Kumar Rajak Son of Mahendra Ram Resident of Village and P.O.Chaturbhuji Baraon, P.S.- Piro, District- Bhojpur (Bihar).

¶379

Harish Kumar Son of Lal Mohan Chaudhary Resident of Village and P.O.Turkbigha, P.S.- Kachhwan, District- Rohtas (Bihar).

¶380

Jayprakash Kumar Son of Ramiswar Singh Resident of Village- Durgapur, P.O. and P.S.- Kaler, District- Arwal (Bihar).

¶381

Dhanoj Tiwari Son of Muktinath Tiwari Resident of Village- Madar Khas, P.O. and P.S.- Vijaipur, District- Gopalganj (Bihar).

¶382

Rakesh Kumar Bharti Son of Ramshankar Chaudhary Resident of VillageBair Bigha, P.O. and P.S.- Karpi, District- Arwal (Bihar).

¶383

... ... Petitioner/s

¶384

Versus

¶385

The State of Bihar through the Director General of Police, Government of Bihar, Patna.

¶386

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

¶387

The Director General of Police, Bihar, Patna.

¶388

The Bihar Public Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna.

¶389

The Chairman, Bihar Public Sub-ordinate Service Commission through its Secretary, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna.

¶390

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¶391

The Secretary, Bihar Police Sub-ordinate Service Commission, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna.

¶392

The Officer on Special Duty, Bihar Police Sub-ordinate Service Commission, Santosh Manson, B-Block, Raghunath Path, Danapur, Patna.

¶393

Manish Kumar Thakur Son of Shesnath Thakur Resident of VillageSomgadh, P.O. and P.S.- Sathi, District- West Champaran.

¶394

Nitesh Kumar Son of Shiv Chandra Sah Resident of Village and P.O.Banghra, P.S.- Ghatho, District- Samastipur.

¶395

Sanjeet Kumar Son of Munarik Bind Resident of Village and P.S.Maheshpur Dih, P.O.- Yogipur, District- Nalanda.

¶396

Bambam Kumar Son of Sanjay Roy Resident of Village- Sihma Tola, P.S.Muffasil, P.O.- Dhabauli, District- Begusarai.

¶397

Aman Kumar Sudhanshu Son of Binod Kumar Sudhanshu Resident of Village and P.O.- Madhurapur (South Tola Nagar), P.S.- Teghra, DistrictBegusarai.

¶398

Raju Kumar Son of Sunil Kumar Roy Resident of Village- Ghoda, P.O. and P.S.- Teghra, District- Begusarai.

¶399

Khusboo Kumari Daughter of Murari Sah Resident of Village and P.O.Singhaul, P.S.- Singhaul, District- Begusarai.

¶400

Rohit Kumar Son of Suresh Mahto Resident of Village- Sahilori, P.O.Sanjat, P.S.- Bhagwanpur, District- Begusarai.

¶401

Kundan Kumar Son of Pawan Kumar Pabnandu Resident of VillageBegampur, P.O.- Chhatauna, P.S.- Naokothi, District- Begusarai.

¶402

Sweety Kumari Daughter of Sashibhushan Singh Resident of Village and P.O.- Ullao, P.S.- Mufasil, District- Begusarai.

¶403

Krishna Kanhaiya Son of Ashok Kumar Resident of Village and P.O.Chhatauna, P.S.- Naokothi, District- Begusarai.

¶404

Deepa Kumari Daughter of Rajkishor Prasad Singh Resident of VillageVrindavan, P.O.- Dafarpur, P.S.- Naokothi, District- Begusarai.

¶405

Mala Kumari Son of Sambhu Jha Resident of Village- Samho Sarlahi, P.O.S.S. Barari, P.S.- Shamho, District- Begusarai.

¶406

Kaju Kuamr Son of Ranjan Singh Resident of Village and P.O.- Katarmala, P.S.- Dandari, District- Begusarai.

¶407

... ... Respondent/s

¶408

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

¶409

Appearance :
(In Civil Writ Jurisdiction Case	No. 3435 of 2022)
For the Petitioner/s :	Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate
For the State :	Mr. Sheo Shankar Prasad, SC- 8
For the BPSSC :	Mr. P. K. Shahi, Sr. Advocate Mr. Kunal Tiwary, Advocate Mr. Aniket Singh, Advocate
(In Civil Writ Jurisdiction Case	No. 4769 of 2022)
For the Petitioner/s :	Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate
For the State :	Mr. Sheo Shankar Prasad, SC- 8

¶410

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 19/43

¶411

For the BPSSC : Mr. P. K. Shahi, Sr. Advocate Mr. Sanjay Pandey, Advocates Mr. Nishant Kumar Jha, Advocate

¶412

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

¶413

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR CAV JUDGMENT

¶414

Date : 25-03-2025

¶415

The Cluster of the petitioners in both the cases are represented through Mr. Dinu Kumar, learned Advocate for the petitioners with M/s Ritika Rani, learned Advocate. The Bihar Police Sub-ordinate Service Commission is represented through Mr. P. K. Shahi, learned Senior Advocate. Mr. Sheo Shankar Prasad, learned SC-8 appears on behalf of the State.

¶416

The entire selection process as well as appointment of the selected candidates against Advertisement No. 1/2019 is put to challenge in the premise of the same being suffered from the vice of serious irregularities. The petitioners sought a direction upon the concerned respondents to produce question booklet, OMR sheet and answer key pertaining to Preliminary and Mains examination conducted in relation to Advertisement No. 1/2019. The petitioners are aggrieved with the merit list of Bihar Police Sub-Inspector published on 17.06.2021, as contained in Annexure-9 Series against the advertisement No. 1/2019 for the Post of Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen) conducted by the

¶417

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¶418

Bihar Police Sub-ordinate Service Commission as well as consequential appointment letters, as contained in Annexures12,13 and 14 of the writ petition, as the same are prepared and issued in complete defiance of the prescription of the Advertisement as well as the concerned Rules; Moreover, the cut off mark of 75.8% under the General Category has been reduced to 75% in a most arbitrary manner after ousting the meritorious candidates and thereby violated Articles 14 and 16 of the Constitution of India.

¶419

Besides the aforenoted reliefs, the petitioners also sought a declaration from this Court to hold that the entire process of selection and appointment against Advertisement No. 1/ 2019 is in complete disregard of the terms and conditions incorporated in the Advertisement. Apart from the process of selection being nontransparent and unreasonable to extend favour to undeserving persons and thereby misused the office. The petitioners in substance sought a direction upon the respondents to disclose the reason for not declaring the petitioners successful despite scoring more than the cut off marks in mains written examination and further to declare the petitioners successful for the post advertised and appoint them as per their merit position and to extend all consequential

¶420

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¶421

service benefits.

¶422

To adjudicate the claim of the petitioners, necessary facts, as culled out from the materials available on record, are as follows:

¶423

(i) To facilitate the selection of the candidates to the post of Group ‘C’ of the Home (Police) Department and posts of other Department under the State Government of Bihar, the Government of Bihar constituted Bihar Police Sub-Ordinate Service Commission (hereinafter referred to as ‘the Commission’) under the Bihar Police Sub-Ordinate Service Commission, Act, 2016 (hereinafter referred to as ‘the Act, 2016’). In terms of the Act, 2016, the Commission is empowered to select the candidates for appointment to the cadre post enumerated in the appended schedule according to the prescribed procedure under the Service Cadre Rules of respective posts/departments. As per Sub-Clause 2 of SubSection 9 of the Act, 2016, it was specifically provided that the Commission may hold a Combined Competitive Examination for the post with similar eligibility criteria. Subsequent to the formation of the Commission, several advertisements for selection of the candidates on various posts of Group-C of the Home (Police) Department have been published by the

¶424

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¶425

Commission. In similar manner the captioned Advertisement No. 1/2019 was published on 21.08.2019 by the Commission in the light of the requisition sent by the State Government. Altogether 2446 vacancies were advertised for appointment on the post of Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen).

¶426

(ii) In terms of the Advertisement, out of 2446 posts, 2064 posts were for Police Sub-Inspector, 215 posts were for Sergeant, 125 posts were for Assistant Superintendent Jail (Direct Recruitment) and 42 posts were for Assistant Superintendent Jail (Ex-Servicemen). The entire selection process was primarily divided into two written examination i.e. preliminary examination and thereafter mains examination. In terms of the Advertisement, in the Preliminary examination, the Commission was required to select candidates 20 times of the vacancy/post advertised and in the Mains examination, the Commission was required to select candidate 6 times of vacancy/post advertised for participation in the Physical Evaluation Test (hereinafter referred to as ‘the PET examination’). The final result of the successful candidates of the Combined (Mains) Competitive Examination and PET

¶427

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 23/43

¶428

examination was to be published cadre wise in a consolidated integrated and reserved category in order of the merit.

¶429

(iii) The petitioners having found requisite qualification, applied against the Advertisement No.1/2019 for recruitment to the post of Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen).The petitioners were issued admit card and they appeared in Combined Preliminary Examination, which was held on 22.12.2019 and declared successful. The copy of the result of the Preliminary Examination dated 28.01.2020 is placed as Annexure-4 Series to the writ petition. Upon being successful, the petitioners were further received Admit Card for appearing in Combined Mains Examination and finally the petitioners along with 15,231 candidates were declared successful, the result of which was published on 16.01.2021. For recruitment to the post of Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen), the cut off marks for General Category (Male) was shown as 75.8% and they were declared eligible and asked for PET Examination scheduled to be held between 22.03.2021 to 12.04.2021. The result of Combined Mains Examination is

¶430

Patna High Court CWJC No.3435 of 2022 dt.25-03-2025 24/43

¶431

placed on record as Annexure-6 Series to the writ petition.

¶432

(iv) The petitioners along with other successful candidates duly participated in the PET on 17.06.2021, final merit list was published by the Commission on its website indicating the category wise cut off marks. The name of the petitioners did not find place in the list of successful candidates in final merit list published on 17.06.2021, even after attaining higher marks than the cut off marks fixed as 75.8% published by the Commission under the General Category (Male). Hence, the writ petitions.

¶433

Mr. Dinu Kumar, learned Advocate appearing on behalf of the petitioners harping upon the alleged infirmities in the selection process arising out of Advertisement No. 1/2019 has primarily contended that after coming into existence of the Commission, the Government of Bihar in exercise of power provided under Proviso to Article 309 of the Constitution, read with Sections 55 and 97 of the Bihar Police Act, 2007 has made certain amendments by issuance of notification dated 31.08.2017. The copy of the notification dated 31.08.2017 has been placed on record as Annexure-1 to the writ petition.

¶434

After taking this Court through the relevant prescriptions of the notification, it has been submitted before

¶435

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¶436

this Court that in terms of Rule 654(d) of the Bihar Police Manual after conducting Mains Competitive Examination and PET, service cadre wise combined competitive result was to be published under consolidated integrated cadre wise and reserved category wise in order of merit, but the same has not been done. The Commission has not recommended the names of the candidates as per the reserved category wise and merit wise in descending order according to requisition received from the Director General of Police. The appointment letter issued by the respondents, as contained in Annexures-12, 13 and 14 is in complete disregard to the prescriptions provided under Rule 655(d) of the Bihar Police Manual.

¶437

It is the admitted position that the petitioners were declared successful in Preliminary as well as Mains Examination and also performed very well in the PET and have secured more marks than the cut off marks, as was fixed at 75.8% under the General Category (Male), but to the utter dismay and surprise, it was arbitrarily reduced to 75% and without assigning any reason arbitrarily did not include the name of the petitioners in the final merit list. The petitioners sought an information from the Public Information Officer, as also requested to produce OMR Answer sheet, total marks

¶438

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¶439

obtained in the Combined Mains Examination along with the answer keys, based upon which the Commission evaluated the score card and to disclose the reason for declaring the petitioners unsuccessful in the final merit list, but the same has not been done. The petitioners along with others preferred C.W.J.C. No.13689 of 2021, however, it came to be dismissed owing to non-joinder of necessary and proper party at lest in the representative capacity, reserving liberty to the petitioners to file fresh petition.

¶440

It has been apprised to this Court that the information received under the Right to Information Act, 2005, indicates that the auction of answer book is in process and no information will be supplied, which is clearly suggestive of the fact that the Commission has acted in nontransparent manner in completing the selection process and issuance of appointment letters. Learned Advocate would thus submit that every selection process shall be conducted in a manner free from doubt and the candidate shall have confidence in the selection process in the larger interest, however, the petitioners are still not aware of the reason for not being declared successful.

¶441

Learned Advocate for the petitioners further reminded this Court that it is settled principle of law that Right

¶442

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¶443

to Information Act, which is basically founded in the right to know is intrinsic part of liberty guaranteed under Article 19(1(a) of the Constitution. To support the aforesaid contention, reliance has been placed on a Full Bench Decision of the Delhi High Court in the case of Secretary General, Supreme Court of India Vs. Subhash Chandra Agarwal , reported in AIR 2010 DELHI 159 . The decision rendered by the Apex Court in the case of Central Board of Sec. Education & Anr. vs Aditya Bandopadhyay & Ors , reported in ( 2011) 8 SCC 497 has also been cited to emphasize that the right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. If the answer-keys are kept secret and not published along with the result of the test. It would not be correct way of looking at these matters which involve the future of hundreds of students who are aspirants for admission to professional courses and thus remedy would have been worse than the disease because, so many students would have had to suffer the injustice in silence as observed in the case of Kanpur University and Others Vs. Samir Gupta and Others , reported in (1983) 4 SCC 309 .

¶444

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¶445

Much emphasis has been given that the marks obtained by the petitioners are more than the cut off marks than many appointed persons, hence, the respondents are duty bound to recommend the name of the petitioners for appointment against Advertisement No. 1/2019 on appropriate posts, as per the merit list. Slashing down the cut off marks from 75.8% to 75% clearly shows that the respondents have tinkered with the rules of game in so far as the prescription of eligibility criteria and the procedure for selection are concerned.

¶446

Heavy reliance has been placed on the Constitution Bench decision of the Apex Court in the case of Tej Prakash Pathak and Others Vs. Rajasthan High Court and Others , reported in ( 2025) 2 SCC 1 that the “rules of game” cannot be changed after commencement of the recruitment process. Reliance has also been placed on a decision rendered in the case of B edanga Talukdar vs Saifudaullah Khan & Ors . Reported in (2011) 12 SCC 85 as well as State of Bihar & Ors vs Mithilesh Kumar , reported in (2010) 13 SCC 467 , to fortify the contention that the terms and conditions of the Advertisement has to be necesarily acted upon. Arbitrary fixation of the cut off marks in the final merit list in absence of any stipulation in the advertisement is bad in law and for the

¶447

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¶448

said contention, reliance has been placed on a decision in the case of Amrit Yadav Vs. State of Jharkhand , reported in 2025 SCC OnLine SC 280 .

¶449

Dispelling the aforenoted contention, learned Senior Advocate, Mr. P. K. Shahi, for the Commission, has contended that the entire selection process has been finalized in conformity with the terms of the advertisement and the Rules applicable thereto. As per the advertisement, the Commission was required to select the candidates 20 times of the vacancy/post advertised in the Mains examination and the Commission was required to select the candidate 6 times of vacancy/post advertised for participation in the PET. So far the PET is concerned, the eligibility criteria for being successful in the PET for the post of Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment) was one and the same, as it was the post for the Police Sub-Inspector and so far the Assistant Superintendent Jail (Ex-Servicemen) is concerned, there was no requirement for the candidates to undergo PET. The candidates for the post of Assistant Superintendent Jail (Ex-Servicemen) were only required to pass preliminary as well as mains examination.

¶450

Referring to the averments made in the counter

¶451

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¶452

affidavit, it is contended that altogether 6,15,000 candidates applied for participating in the Combined Competitive Examination. However, the total 5,85,829 candidates had participated in the Preliminary Examination, out of which 4,75,416 candidates were selected and allowed for participating in Mains Examination. In the Combined Mains Examination conducted by the Commission altogether 15231 candidates were selected and allowed to participate in the PET for the post of Sub-Inspector of Police, Police Sergeant and Assistant Superintendent Jail (Direct recruitment).

¶453

Referring to the result of Mains Examination published on 16.01.2021, it is submitted that altogether 453 candidates had passed the Mains Examination for the post of Assistant Superintendent Jail (Ex-Servicemen). The final result of which was duly published on 08.03.2021 itself recommending the names of 40 candidates for being appointed against 42 posts. The Commission had declared the cut off marks in all the categories as is apparent from the final merit list. After conducting necessary PET on the schedule date and time, the Commission published final result on 17.06.2021 recommending total 2062 candidates for being appointed on the post of Police Sub-Inspector, 215 candidates for the post of

¶454

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¶455

Sergeant and 125 candidates for the post of Assistant Superintendent Jail (Direct Recruitment).

¶456

Mr. Shahi, learned Senior Advocate, further argued that while declaring the result of the Mains Examination and final selection result, the Commission had also declared the cut off marks in all the categories; and the candidates, who had cleared Mains Examination were required to participate in the PET, as per their choice of post. The final result itself had given the data of the candidates, who were selected for PET and their performance event wise. Bare perusal of the said data, it would be evident that 2062 candidates for the post of Sub-Inspector, 215 candidates for the post of Sergeant and 125 candidates for the post of Assistant Superintendent of Jail (direct recruitment) were selected. After publication of the final result, marks of all the candidates, who had participated in the examination, pursuant to Advertisement No.1/2019, was duly uploaded on the Website of the Commission on 30.07.2021, with a notice providing link for perusal of the marks by the candidates, activated from 01.08.2021 to 15.08.2021. The copy of such notice is placed on record as Annexure-E to the counter affidavit. Referring thereto, it has further been submitted that direction was given to all the candidates to download the mark-

¶457

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sheet from the website of the Commission, as after 15.08.2021, the link will become de-active.

¶459

The Commission in order to dispel the confusion among the candidates regarding their non-selection, as many candidates were found that despite having acquired cut off marks, but their name did not find in the final list dated 17.06.2021, issued a notice in its website on 12.08.2021. Information was given to all the candidates that in their markssheet itself, in the remarks column it was mentioned; “not selected for the post of PSI, ASJ, unfit for the post of Sergeant”, meaning thereby such candidates are having lesser marks than the candidates selected on the post of Sub-Inspector and on the post of Assistant Superintendent Jail, therefore, their selection was not made on the post of Police Sub-Inspector and Assistant Superintendent Jail. Since those candidates have also failed in PET for the post of Sergeant, hence such candidates even after having more marks than the cut off marks have not been selected on account of being failed for the post of Sergeant.

¶460

Adverting to the aforesaid facts, learned Senior Advocate for the Commission, thus contended that the claim of the petitioners to be appointed, as they are having more marks than the cut off marks declared by the Commission is absolutely

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misconceived. In order to crystallize the entire matters, a chart has been prepared with respect to five writ petitioners, who have annexed their admit cards with a view to demonstrate over all rank and the rank of last candidate selected on the post of Police Sub-Inspector, Assistant Superintendent Jail and Sergeant. Similarly a chart, containing over all rank of the private respondents has also been placed on record through the counter affidavit that the writ petitioners are far below in over all rank than the private respondents.

¶463

The contention of the petitioners that they are not getting OMR sheet and other documents under Right to Information Act is completely refuted by stating on oath that the Commission is providing OMR sheet as well as question paper and all other relevant information to the candidates, who have approached the Commission under the RTI Act, 2005.

¶464

With regard to the contention of the petitioners in respect of non-publication of category wise result, it is answered that as per reservation policy, many of the candidates for reserved category got placed in the General Category on the basis of their own merit position in the Preliminary and Mains Examination; thus when the result of the Preliminary and Mains Examination was processed on the basis of 20 times and 6 times

¶465

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¶466

of the advertised posts and the selected candidates of Mains Examination upon clearing the PET got selected on the basis of their merit position in open merit category as well as in their respective category. However, none of the petitioners are able to demonstrate that they have secured higher marks than the selected candidates. Identical issue has also come up for consideration before this Court in the case of Bihar Police Subordinate Service Commission Vs. Ramesh Kumar & Ors ., reported in 2019 (2) PLJR 416 wherein the learned Division Bench of this Court has been pleased to set aside the order of the learned Single Judge, inter alia, on the ground the students having become unsuccessful, cannot be permitted to turn around and challenge the procedure of selection on the ground of unfairness without any relevant materials in respect thereof. The aforesaid proposition has also been emphasized in the case of Ashok Kumar And Anr. Vs. State of Bihar & Ors., reported in (2017) 4 SCC 357 .

¶467

Mr. Seho Shankar Prasad, learned SC-8 appearing on behalf of the State respondents has adopted the contentions advanced on behalf of the Commission.

¶468

This Court has anxiously heard the learned Advocate for the respective parties and also perused the

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¶470

materials available on record.

¶471

Before delving into the merit of this case, it would be apt to highlight the legal position that when a candidate appears at the examination without objection and subsequently he is found to be unsuccessful, challenge to the process is precluded, came to be crystallized in umpteen number of the decisions of the Apex Court. In the case of Chandra Prakash Tiwari and Ors vs Shakuntala Shukla and Ors. , reported in (2002) 6 SCC 127 , the Apex Court has observed that question of entertaining a petition challenging the said examination would not arise where a candidate has appeared and participated after accepting all the terms and conditions, but subsequently contended that the process of examination was unfair or that there was lacuna therein, merely because the result is not palatable.

¶472

In Union of India & Others vs S. Vinodh Kumar & Others , reported in (2007) 8 SCC 100 , the Apex Court has held that it is well-settled that those candidates who had taken part in the selection process knowing fully well the procedure laid down therein were not entitled to question the same. Emphasizing the aforenoted principle in the case of Amlan Jyoti Borooah vs State of Assam & Ors , reported in

¶473

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¶474

( 2009) 3 SCC 227 , the Apex Court further held that the candidates knowing fully well the procedure laid down in the selection process were not entitled to question the same, upon being declared to be unsuccessful. In Manish Kumar Shahi vs. State of Bihar & Ors. , reported in (2010) 12 SCC 576 the Hon’ble Supreme Court reiterating the principle as laid down in the case of Madan Lal and Ors. Vs. State of Jammu & Kashmir and Ors. , (1995) 3 SCC 486 and various other cases, has observed as follows:

¶475

“16. We also agree with the High Court that after having taken part in the process of selection knowing fully well that more than 19% marks have been earmarked for viva voce test, the petitioner is not entitled to challenge the criteria or process of selection. Surely, if the petitioner's name had appeared in the merit list, he would not have even dreamed of challenging the selection. The petitioner invoked jurisdiction of the High Court under Article 226 of the Constitution of India only after he found that his name does not figure in the merit list prepared by the Commission. This conduct of the petitioner clearly disentitles him from questioning the selection and the High Court did not commit any error by refusing to entertain the writ petition..”

¶476

There is no quarrel with regard to settled

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¶478

position that the selection process has to be conducted strictly in accordance with the stipulation which need to be scrupulously maintained. There cannot be any relaxation in the terms and conditions of the Advertisement unless such power is specifically reserved in the relevant rules and/or any advertisement. Even if such power is existed, which should only to be exercised after giving due publicity in order to ensure that those candidates who become eligible due to the relaxation, are afforded an equal opportunity to apply and compete, failing which it would contrary to the mandate of quality contained in Articles 14 and 16 of the Constitution of India vide Bedanga Talukdar vs Saifudaullah Khan & Ors ., reported in (2011) 12 SCC 85 .

¶479

The question whether the Rules of the game could be changed in midway was considered by the Apex Court in various decisions and recently has further been crystallized by a Constitution Bench decision in the case of Tej Prakash Pathak (supra).

¶480

“42. We, therefore, answer the reference in the following terms:

¶481

(1) Recruitment process commences from the issuance of the advertisement calling for applications and ends with filling up of vacancies;

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¶483

(2) Eligibility criteria for being placed in the Select List, notified at the commencement of the recruitment process, cannot be changed midway through the recruitment process unless the extant Rules so permit, or the advertisement, which is not contrary to the extant Rules, so permit. Even if such change is permissible under the extant Rules or the advertisement, the

¶484

change would have to meet the requirement of Article 14 of the Constitution and satisfy the test of nonarbitrariness;

¶485

(3) The decision in K. Manjusree (supra) lays down good law and is not in conflict with the decision in Subash Chander Marwaha (supra). Subash Chander Marwaha (supra) deals with the right to be appointed from the Select List whereas K. Manjusree (supra) deals with the right to be placed in the Select List. The two cases therefore deal with altogether different issues;

¶486

(4) Recruiting bodies, subject to the extant Rules, may devise appropriate procedure for bringing the recruitment process to its logical end provided the procedure so adopted is transparent, non-discriminatory/ non-arbitrary and has a rational nexus to the object sought to be achieved.

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¶488

(5) Extant Rules having statutory force are binding on the recruiting body both in terms of procedure and eligibility. However, where the Rules are nonexistent, or silent, administrative instructions may fill in the gaps;

¶489

(6) Placement in the select list gives no indefeasible right to appointment. The State or its instrumentality for bona fide reasons may choose not to fill up the vacancies. However, if vacancies exist, the State or its instrumentality cannot arbitrarily deny appointment to a person within the zone of consideration in the select list.”

¶490

Trite it is that the entire selection process and

¶491

the appointment is to be made as per the procedure prescribed under the relevant Advertisement and the Rules; non-adherence to which makes the entire selection process vulnerable to interfere; such issue has been duly explicited and emphasized by the Hon’ble Apex Court in various decisions, one of which is Goa Public Service Commission vs Pankaj Rane & Ors. , reported in (2022) 11 SCC 742 .

¶492

In the background of the aforenoted settled legal position, coming to the facts of the case at hand, it is true that in terms of the Advertisement calling 20 times the number

¶493

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¶494

of vacancy after Preliminary Examination and 6 times the number of vacancy after Mains Examination was done, the petitioners being successful in Preliminary Examination were called for in Mains Examination and their name find place in the list of successful candidate.

¶495

Hence, in the opinion of this Court, the challenge to the procedure adopted in conducting Preliminary and Mains Examination cannot be sustained only on account of the fact that finally the petitioners did not find place in the final merit list. It is only after the petitioners were unsuccessful in getting the place in the final merit list, they filed the writ petition. They did not raise a challenge either to Advertisement or Preliminary and Mains Examination, presumably because they were all successful in the examination.

¶496

The allegation of unfair on account of not uploading the answer key and information providing answer sheet does not appear to be palatable and justified in view of the specific averment made in the counter affidavit. The admission on the part of the Commission that the Commission is providing OMR sheets as well as question paper and other relevant necessary information under the Right to Information Act, 2005. All the more, this issue has been completely watered down by

¶497

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¶498

various decisions of the Apex Court. In the case of Aditya Bandopadhyay (supra) , the Court ruled that it is always open to a candidate to clear his doubt by moving an application under Right to Information Act for supply of the answer book in order to raise any such grievance.

¶499

This Court also does not find that after issuance of advertisement at any stage, the rule of game is tinkered with by reducing the cut off marks from 75.8% to 75%. It is well explained by the Commission that in the process, total 15,231 candidates along with 357 Ex-servicemen candidates were selected for PET, out of which only 6670 candidates finally qualified in the PET in all respect, including the document verification, which has been clearly mentioned in the final result itself and on account of the said facts, the cut off marks of the final list was round off, as more meritorious candidates having secured more marks were disqualified in the PET, which resulted in the change of the cut off marks in the final merit list. Thus, in any event reducing the cut off marks from 75.8% to 75% cannot be said to be arbitrary and illegal; apart from the same was in larger interest of the candidates and no prejudice is caused to the petitioners.

¶500

In the opinion of this Court, with due respect,

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the ruling of the Constitution bench in the case of Tej Prakash Pathak (Supra) and other documents cited by the learned Advocate for the petitioners on this line do not get attracted in the facts of this case. This Court finds substance in the stand of the Commission, while furnishing a chart showing comparative marks between the petitioners and the private respondents. The petitioners have failed to produce any material to made out a case that they have secured more marks than the private respondents, who have arrayed in the representative capacity.

¶503

From the chart brought on record through the counter affidavit, it is explicit that over all rank of the petitioners are much below than the rank of last candidate selected for the post of Police Sub-Inspector and Assistant Superintendent Jail; and moreover, the candidates, who have also failed in the PET for the post of Sergeant, such candidates even after having more marks than the cut off marks have not been selected on account of being failed for the post of Sergeant.

¶504

On the basis of the pleadings and the materials on record, this Court is of the opinion that the petitioners have failed to point out any illegality or irregularity or lapse in the selection process, which warrant any interference in the matter.

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¶506