Dismissed¶58

Savan Kumar v. The State of Bihar

Patna HC10 Jul 2025C. REV./179/2019

Case brief

AI extract

What is this about?

Patna High Court; Civil Review No.179 of 2019 in C.W.J.C. No.11364 of 2015; Rajiv Roy, J.; decided 10-07-2025; review against dismissal (30.04.2018, Madhuresh Prasad, J.) of writ petition by unsuccessful candidates under Advertisement No. 01 of 2014 of Central Selection Board (Constable Recruitment); no apparent error of record shown; participant in selection process cannot challenge advertisement afterwards; Moni and Others Vs. State of Bihar and Others 2016 (2) PLJR 498 referred; I.A. No. 898 of 2018 to add Advertisement No. 01 of 2017 never allowed; LPA No. 869 of 2018 dismissed as withdrawn 14.03.2019; review petition dismissed.

What did the court decide?

No apparent error of record in the writ court's order was demonstrated; upon query to show the error in the order, counsel had no answer. ¶54

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.179 of 2019

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Civil Writ Jurisdiction Case No.11364 of 2015

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

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Savan Kumar S/o Mahendra yadav resident of- At P.O. -Kopariya, P.S.Salkhua, District- Saharsa.

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Dasrath Kumar Son of Ramkrit Chaudhary R/o- Vill - Mananpur, P.O.Berka, P.S.- Makhdumpur, District - Jehanabad.

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Saroj Kumar Son of Lakhichandra Kumar R/o- C/o- Pankaj Singh, Sindh Dresses, Koshi Road, Saharsa, near Kachahari Dhala, Saharsa.

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Dinesh Kumar Dubey Son of Daroga Dubey R/o- Vill- Uchinar, P.ONauhatta, P.S.- Belwon, Distt. - Kaimur.

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Shailesh Ram, Son of Raghunath Ram R/o- Vill and P.O- Satjora Bazar, P.S.Panapur, Chapra.

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Umesh Ram S/o Chandrama Ram, R/o- Vill and P.O. Satjora bazar, P.S.Panapur, Dist- Chapra.

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Arvind Kumar Son of Sitaram Yadav, R/o- Vill- Pakadbigha, P.Obausibigha, P.S.- Ghosi, Distt- Jehanabad.

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Ritesh Kumar Singh Son of Anil Kumar Singh R/o- Vill- Bankerwa Bhaw, P.O- Bansanda, P.S.- Parsa, Distt. Saran.

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Dhanraj Kumar Son of Ramakant Sharma R/o- Vill- Lalachak, P.O.Tejbigha, P.S.- Kako, Dist- Jehanabad.

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Nitish Kumar Son of Sudhir Prasad Yadav R/o- At Hasanganj, P.O.Safiyabad, P.S.- Kasim Bazar, Munger

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Dipu Kumar, Son of Sidhnath Singh R/o- Vill- Sarwan Bhadsara, P.O.Gorakhari, P.s.- Bikram, Distt- Patna.

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Amarjeet Kumar Son of Kamaldeo Sharma R/o- Vill- Kharauwa, P.O.Birbas, P.S.- Pasraha, Distt- Khagaria.

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Chandramauli Raut, Son of Suresh Raut R/o- Vill- Gangti, P.O.- Maur, P.S.Barbigha, Distt- Sheikhpura.

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Mukesh Kumar Son of Ram Charitra Paswan, R/o- Vill- Makduane, P.O.Singhtoo, P.S.- Manpur, Dist- Nalanda.

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Uday Kumar Son of Mahavir Saw, R/o- Vill- Puraini, P.S.- Giriyak, DistNalanda.

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Rahul Kumar Son of Shyam Sunder Singh R/o- At P.O.- Berui, P.S.Baniyapur, Dist- Saran.

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Sintu Kumar Son of Ram Kisun Singh R/o- R/o- of Vill and P.o.- Sahoor, P.S.- Surajgarha via - Kiul, R.s.- Dist- Lakhisarai.

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... ... Petitioner/s

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Versus

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

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

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Patna High Court C. REV. No.179 of 2019(5) dt.10-07-2025 2/5

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The Central Selection Board (Constable Recruitment) Through its Chairman, Sri Sai tara Complex, IAS Colony, Jawahar lal Nehru marg, Patna.

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The Chairman, Central Selection Board (Constable Recruitment), Sri Sai Tara Complex, IAS Colony, Jawahar Lal Nehru Marg, Patna.

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Abhishek Kumar Son of Jagdeo mishra, R/o- At- Babhangama, P.O.Benigir, P.S.- Mufassil, Distt- Munger.

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Paryavaran Bharti Son of Sri Lalo Yadav, R/o- Vill- Karasi Tola Tauphir, P.S.- Mufassil, Dist- Jehanabad.

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Deepak Kumar Son of Ramashray Sharma R/o- Vill- Kokarsa, P.O.Bhagwanpur, P.S. Hulasganj, Dist- Jehanabad.

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Jayprakash Paswan Son of Vakeel Paswan R/o- P.O.- Piyan, P.S.- Sohan, Dist- Kaimur Bhabhua.

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Parmanand Paswan Son of Kamla Paswan, R/o- Vill- Ahirawli, P.O.Mukhrawn via Manoharpur, P.S.- Manoharpur, Dist- Kaimur.

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Nitish Kumar Son of Arun Kumar R/o- Mohalla- Patuana, P.O and P.S.Biharshariff, Dist- Nalanda.

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Pintu Kumar Son of Yogendra Yadav R/o- Vill- Basobaghi, P.O- Barh, P.S. - Barh, Dist- Patna.

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Anand Kumar Son of Barhan Saw R/o- Vill and P.O.- bhagwanpur, P.S.Hulasnagar, Distt- Jehanabad.

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Sandeep Singh Son of Bharat Singh, R/o- Vill- Belhar, P.O.- Mahuma, P.S.Madanpur, Dist- Aurangabad. ... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Singh For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 10-07-2025

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Heard Mr. Gaurav Prakash, learned counsel for

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the petitioner.

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Learned counsel for the State is absent.

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The present review application has been filed

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against the judgment and order dated 30.04.2018 passed by Hon'ble Mr. Justice Madhuresh Prasad in C.W.J.C. No. 11364 of 2015, whereby and whereunder the learned Single

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Patna High Court C. REV. No.179 of 2019(5) dt.10-07-2025 3/5

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Bench has been pleased to dismiss the writ application.

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The petitioners were candidates persuant to

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Advertisement No. 01 of 2014 issued by the Central Selection Board (Constable Recruitment), Bihar Patna. (henceforth for short ‘the Board’).

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Being unsuccessful, they wanted quashing of the final result which was published in the daily newspaper on 23.06.2015. During the pendency of the aforesaid writ petition, I.A. No. 898 of 2018 was preferred to add additional prayer for quashing of the Advertisement No. 01 of 2017 published by ‘the said Board’.

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The writ Court took up the matter on 30.04.2018 and taking note of the fact that the original selection process (Advertisement No. 01 of 2014) was the subject matter in a Public Interest Litigation (Moni and Others Vs. State of Bihar and Others) [reported in 2016 (2) PLJR 498] where the Division Bench rejected the said challenge, the Court held that the petitioners having participated in the selection process, not made any specific allegation of malafide against anyone, stands eliminated from the consideration in the process of selection, cannot be

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Patna High Court C. REV. No.179 of 2019(5) dt.10-07-2025 4/5

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permitted to turn around and challenge the very selection process. It also took note of the Division Bench order as recorded above to dismiss the writ petition.

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The petitioners aggrieved by the said writ Court's order, moved before the appellate Court in LPA No. 869 of 2018 in which they chose to withdraw the petition. It was accordingly dismissed as withdrawn with the said liberty on 14.03.2019. In this way, the present review petition has been filed.

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Learned counsel for the petitioner submits that there is apparent error of record in the order passed by the writ Court. Upon query to show the error in the order, there is no answer. This Court reiterate: any person who persuant to Advertisement issued by the Board, applies, participate and then become unsuccessful, he/she/they cannot be allowed to turn around and challenge the said notification/advertisement, in this case, the Advertisement No. 01 of 2014.

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Needless to add, the prayer for adding Advertisement No. 01 of 2017 by way of I.A., never came to be allowed and as such, no further comment is needed on

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Patna High Court C. REV. No.179 of 2019(5) dt.10-07-2025 5/5

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the said advertisement.

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