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    Mukesh Kumar & Ors v. The State of Bihar & Ors

    IN THE HIGH COURT OF JUDICATURE AT PATNA

    Letters Patent Appeal No.745 of 2014

    IN

    Civil Writ Jurisdiction Case No. 16016 of 2013

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

    1. Rajeev Kumar, S/o Sri Upendra Singh, Resident of Vill. And P.O. Onama, P.S. Shekhopur Sarai, Dist. Sheikhpura

    2. Upendra Kumar Singh, S/o Shri Lal Deo Singh, Add- Indradhanush Bramani Ghat, Uper Gali, P.S.- Civil Line, Dist- Gaya (Bihar)

    3. Dhananjay Kumar Singh, S/o Ram Naresh Singh, Vill. Pathra, P.O.- Lakhaipur, P.S. Mohanpur, Dist- Gaya (Bihar) 8242324

    4. Arvind Kumar, S/o Rampadarath Singh, Resident of Road No.30, Gardanibagh, Anisabad, Distt. Patna, Bihar

    5. Rupesh Kumar Singh, S/o Baidya Nath Singh, R/o C/o Manjo Kumar Pathak, Sanjay Gandhi Nagar, A/32, Road No.2, Hanuman Nagar, P.S. Hanuman Nagar, Distt. Patna, Bihar

    6. Chandra Bhushan Sinha, S/o Shri Jugeshwar Prasad, At. Purani Basti Chandpur Bela, P.S. Jakkanpur, Post G.P.O., Distt. Patna

    7. Chandan Kumar, S/o Suresh Sinha, R/o 118, Alka Colony, Sanmdalpur, Post- Mahendru, District and Town Patna, Bihar

    8. Shivendra Narayan Singh, S/o Mahandra Prasad Singh, R/o at C/o Chinta Devi, East Ashok Nagar, Road No. 14 B, Gali- 4, Kankarbagh, P.O.+P.S.- Kankarbagh, Distt. Patna, Bihar

    9. Navin Kumar, S/o Shri Diplal Sah, At Parmanandpur, P.S. Dumra, Dist. Sitamarhi, Bihar- 843302

    10. Haresh Kumar, S/o Jagdish Pathak, R/o Mohalla Raghunath tola, P.O. Anisabad, District and Town Patna, Bihar

    11. Rajesh Kumar, S/o Ram Chandra Singh, R/o Village and Post Office Aganoor, P.S.- Kaler, District, Arwal, Bihar

    12. Anil Kumar Suman, S/o Shri Rajeshwar Safi, At. Sitamarhi, Bihar- 843302

    13. Harinath Singh, S/o Deorajeet Singh, R/o Village and P.O Hichhan Bigha, P.S. Daudnagar, District Aurangabad, Bihar

    14. Rabindra Kumar Ram, S/o Jairam Das, R/o Village And Post Chouri, P.S. Daudnagar, District Aurangabad, Bihar

    15. Anand Kumar Kashyap, S/o Parmanand Roy, At- Bharat Rasalpur, P.O.- Rannu Chak Makandpur, P.S.- Nathnagar, Dist.- Bhagalpur, Bihar

    16. Satyendra Kumar Pandey, S/o Shiv Pujan Pandey, Mohalla- Chandmari P.S.- Motihari, Distt East Champaran, Bihar

    17. Sanjeev Kumar Dubey, S/o Madhusudhan Dubey, At. Prakash Nagar, Ward No. 11, P.O. Narkatia Ganj, P.S. Shikarpur, Dist. West Champaran, Bihar

    18. Rakesh Kumar S/o Bijay Kumar Singh, R/o Rasiriyaganj, Near Birla School, Phulwarisharif, District Patna, Bihar

    19. Gitendra Kumar Upadhyay, S/o Sri Harishankar Upadhyay, Mohalla- Upadhyay Tola, P.O. + P.S.- Rajgir, Dist. Nalanda (Bihar)- 803116

    20. Sitesh Kumar, S/o Sadhu Saran Ray, Vill.- Gosainpur, P.O. Harser, P.S. Shavaipati, Bihar

    21. Dhananjay Kumar Singh, S/o Paramanand Singh, R/o Village Tiyariya, P.O. Alawalpur, P.S. Gaurichak, Distt. Patna, Bihar

    22. Vishad Vishwas, S/o Virendra Kumar Singh, R/o Village And P.O. Shekhpura, Via- Ramna, District Muzaffarpur, Bihar

    23. Amitesh Kumar, S/o Ram Sakha Singh, R/o New Area Sikandarpur Sakna, (Just

    1

    2/23

    West of Prabhat Zarda Factory), District- Muzaffarpur, Bihar

    24. Kumar Bhuwan, S/o Ramchandra Bhagat, At P.O., P.S. Bhawanipur Rajdam, Dist. Purnea, Bihar

    25. Abhishek Kumar, S/o Bacha Prasad Srivastava, R/o New Chandmari, New Brahmasthan, Mothihari, P.S. Mothihari, Distt. East Champaran, Bihar

    26. Kalamuddin, S/o Tabarak Hussain Village Radhia Rai Tola, Post Radhia, Distt. East Champaran

    27. Hemant Kumar, S/o UmaKant Mishra, R/o.- New Chandmariya, P.O.- Motihari, P.S.- Banjaria, Distt. East Champaran, Bihar

    28. Jitendra Kumar Singh S/o Shailendra Kumar Singh, R/o Chandmari, Motihari, Near M.S. College, P.S. Town, Thana Motihari, Distt. East Champaran, Bihar

    29. Rama Shankar Prasad Rai, S/o Rana Kailash Prasad Rai, Vill+ P.O.- Baitt Gabehariya, VIA Raghunathpur Bazar, Ramgarhwa, Dist East- Champaran, Bihar

    30. Bijay Prasad, S/o Ram Narayan Shah, R/o Village P.O. - Siswa, P.S.- Banjaria, Distt. East Champaran, Bihar

    31. Umesh Chandra Kumar, Roll No. W 02235 S/o Ramchandra Prasad Poddar, Moh. Gandak Colony No. 1 Qr. No. FT/14, P.S. Motihari, Distt. East Champaran

    32. Vijay Kumar, S/o Shri Lalita Prasad, Vill.- Kenar Chatty, P.O.- Kenar, P.S.- Wazirganj, Dist- Gaya (Bihar)

    33. Sudhir Kumar, S/o Sri Ajay Sharma, Add- Village P.O. + P.S. Mobliganj Pauthoo, Distt. Aurangabad, (Bihar)

    34. Avinash Kumar S/o Upendra Singh, C/o Birendra Gupta, Moh. Tootwari Lane, P.O. New Godawan, P.S.- Kotawali, Dist- Gaya (Bihar)

    35. Ajit Kumar, S/o Satish Prashad Gupta, Old NCC Office in, Campus Station Road Motihari, East Champaran, Bihar

    36. Mohan Kumar. S/o Ishwar Prasad, Near Mujib Girls High School, P.S. Motihari, Distt. East Champaran, Bihar

    37. Prakash Chandra Shrivastava, Roll No. W-01398, S/O Sureshwar Prasad Shrivastava ,Mohalla Bindeshwari Niketan, P.O. + P.S. Narkatiaganj, Distt.- West Champaran

    38. Omprakash Prasad, S/o Gopalji Prasad, Village P.O. Belwa Bahuari, P.S.- Gaunaha, Distt. West Champaran, Bihar

    39. Manmohan Pandey, S/o Sri Ramdeo Ray R/o Cr. No. 3301, SEC-VII, Ext Bokaro Steel City, P.S. Harla, P.O./Sector-IX, District Bokaro, Jharkhanda

    40. Mukesh Kumar Dubey, S/o Sahdeo Dubey, Dumari Bara Bagi, P.O. Tatra, Dist.- Chatra, Jharkhand- 825401

    41. Nirbhay Kumar, S/o Shri Shyam Mohan Prasad, Bahaur Choura, Near Sen Jee Temple West Lane, P.S. Civil Line, Distt. Gaya (Bihar)

    42. Sanjeev Kumar Rajak, S/o Shyam Das Rajak, Chhotki Delha, Gushal Khana Road, P.O.- R.S. Gaya, P.S.- Delha, Dist- Gaya (Bihar)

    43. Rajesh Kumar S/o Kuldeep Prasad, Village + P.O. Khhanetoo, Via- Paraiya, Distt. Gaya, (Bihar)

    44. Anoj Kumar Pathak, S/o Chandramohan Pathak, Karkhura, Near Ashok High School, P.O. R.S., Distt. Gaya, (Bihar)

    45. S. Razi-Ur-Rab, S/o- S.Fasih-Ur-Rab, Faquir Toli, G.B. Road, Gaya, Dist. Gaya (Bihar)

    46. Yogendra Kumar, S/o Shri Sukhdeo Prasad, C/o Upendre Lodge, Mohalla- Janakpur, Near Madhumati Ashram, P.O.- Buniyadganj, P.S. Mufasil, Dist.- Gaya, (Bihar)

    47. Brijnandan Prasad Gupta S/o Rajnandan Prasad Gupta, Mail Man, R.M.S. Gaya, P.S. Delha, Dist- Gaya (Bihar)

    48. Anirudh Kumar Sharma, S/o Sri Ram Swaroop Mistri Add- Near Mahashya Ji

    3/23

    At. Janakapur, P.O.- Buniyadganj (Manpur), Dist- Gaya (Bihar)

    49. Amod Kumar, S/o Yogendra Dwivedi, S/o at Krishna[puri, (Parbatiya Tola), P.O. Belbagh Bettiah, District East Champaran, Bihar

    50. Neeraj Kumar, S/o Rajpati Mishra, New Prof. Colony, Dinkar Nagar, Dist.- Begusarai

    51. Manoj Kumar S/o Suresh Prasad, Kirana Shop, Rajendra Ashram, Dist- Gaya (Bihar)

    52. Ghanshyam Paswan, S/o- Kailu Paswan, Vill+PO+PS- Chausa, Dist- Madhepura, bihar

    53. Shashi Bhushan Prasad, S/o Ram Kishore Prasad Yadav, Village Belahi Lachhi, P.O.- Sivaipatti, P.S.- Minapur, Muzaffarpur

    54. Avinash Kumar, S/o Shri Nagendra Thakur, R/o Village Sehan- VIIA- Baghi, District- Vaishali, Bihar

    55. Praveen Kumar, S/O- Punit Singh, Vill+P.O.- Pathak Chak, P.S- Sikandra, Dist- Jamui.

    56. Vinay Kumar Kushwaha, S/o Jawahar Prasad Kushwaha, Vill.- Samanpur, P.O.+P.S.- Kundwa Chainpur, Dist.- East Champaran

    57. Jawed Ahmad Khan, S/o Sagir Ahmad Khan, Nehal Market, Near Shahzada Suiting, G.B. Road, Gaya, Dist.- Gaya (Bihar)

    58. Sujit Kumar Mishra, S/o Birendra Mishra Mohalla- Kolhuwara, Ward No.1, P.S. Motihari, Distt. East Champaran Bihar

    59. Rajiv Kumar, S/o Shri Yogesh Kumar, Gopal Panday Lane, Manpur, P.O. AND P.S. Buniyadganj, Dist. Gaya (Bihar)

    60. Jitendra Kumar, S/O- Akhila Nand Singh, Vill+P.O.- Kothiyan, P.S.- Autarnagar, Dist- Chhapra

    61. Rajmani S/O- Paras Mani Pandey, At+Po- Tetarawana, Dist- Nalanda, Bihar .... .... Appellants

    Versus

    1. The State of Bihar, through Secretary, Ministry of Home, Government of Bihar, Patna

    2. The Joint Secretary, Department of Home, Government of Bihar, Patna

    3. The Director General of Police, Government of Bihar, Old Secretariate, Patna

    4. The Inspector General of Police, Bihar Police Headquarters, Patna, Bihar

    5. The Additional Inspector General of Police, Bihar Police Headquarters, Patna, Bihar

    6. The Bihar Staff Selection Commission, P.O. Vetenary College, Bailey Road, Patna, through its Secretary

    7. The Chairman, The Bihar Staff Selection Commission, P.O. Vetenary College, Bailey Road, Patna

    8. Dharmendra Kumar, S/o Shiv Narain Prasad Singh, R/o+Mohalla- New Patna Colony, P.S. Gardanibagh, Patna

    .... .... Respondents

    with

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

    Letters Patent Appeal No. 766 of 2014

    IN

    Civil Writ Jurisdiction Case No. 14965 of 2013

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

    1. Vikash Kumar S/o Umesh Prasad Singh R/o Village + P.O. Pandarak, Tola - Ahmadpur, P.S. Pandarak, Distt. - Patna, Bihar

    4/23

    2. Chandra Gupta Kumar S/o Shri Madan Mohan Singh Vill. + P.O. Enai, P.S. Revilganj, Distt. - Chhapra, Bihar

    3. Ajay Kumar S/o Rameshwar Kumar Yadav Village + P.O. Bighan, P.S. Manjhi, Distt. - Chhapra ( Saran ) - 841212, Bihar

    4. Shree Kant Singh S/o Dharamanath Singh R/o Village + P.O. Khalpura, P.S. Muffasil, Distt. - Chapra, Bihar

    5. Rajesh Kumar Singh S/o Ram Babu Singh R/o Village - Nauadih ( Khalpura ), P.O. Gultenganj, P.S. Muffasil, Distt. - Chapra, Bihar

    6. Chandra Bhushan Sinha S/o Sita Sharan Sinha R/o - C/o Awadhesh Prasad, Park Road, Kadamkuan, P.S. Kadamkuan, District - Patna, Bihar

    7. Mukesh Kumar S/o Mohan Pd. R/o Village - Chandpura East, P.O. Sondho, P.S. Goraul, Distt. - Vaishali, Bihar

    8. Navin Kumar S/o Vijay Kumar Chaudhary At + P.O. - Loma, P.S. Tisiauta, Distt. - Vaishali, Bihar

    9. Balbir Kumar Singh S/o Shyam Sunder Singh R/o Village + P.O. Malaypur Tomar Tola, P.S. Malaypur, Distt. - Jamui, Bihar

    10. Pushpa Raj Sharma S/o Sudin Prasad Sharma R/o Qr. No. 1197, Sector - 16, Sector IXB, Bokara Steel City, Bokaro Jharkhand

    11. Ajit Kumar Tinku S/o Giriraj Sharma R/o Village P.O. Larim, P.S. Kurtna, District - Arwal, Bihar

    12. Dharmendra Kumar S/o Girijesh Kumar R/o Village - Aira, P.O. Aira, District - Jehanabad, Bihar

    13. Sanjeet Kumar S/o Late Jai Nandan Pd. R/o Babu Bazar Katra, Gardanibagh, Anisabad, District and Town - Patna, Bihar

    14. Nitesh Kumar S/o Khub Lal Mahto R/o Village - Babu Tola, P.S. Bangariya, Distt. - Motihari, Bihar

    15. Brij Kishore Prasad Yadav S/o Anup Ray Village - Ekdari, P.S. Chauradano, Distt. - East Champaran, ( Roll No. W 05607 )

    16. Abhishek Kumar Tripathi S/o Shri Awadhesh Kumar Tripathi At. R. Block, Road No. 6, Post - G.P.O., P.S. Sachiwalay, Distt. - Patna, Bihar - 800001, ( Roll No. P - 14383 )

    17. Abhay Kumar S/O Rajeshwar Kumar Sinha At - Jattichak Post + P.S. Masaurhi, Distt. - Patna

    18. Aditya Kumar S/O Shri Baidyanath Choudhary Vill. - Adalpur, P.O. Badnua, P.S. Mohuddinnagar, ( R.S. ), Distt. Samastipur, Bihar

    19. Uma Shankar S/o Ramnandan Sharma At. Savitri Sadan, Veer Kunwar Singh Nagar, Road No.1 Janta Road, Old Jakkanpur, Post - G.P.O. Patna P.S. Gardanibagh, Distt. - Patna, Bihar - 800001

    20. Abhay Kumar Singh S/o Braj Mohan Singh Bimla Kunj, H. No. 121 - C, Road No. 1 - K, Near Asha Singh More, A.P. Colony, P.S. Rampur, Gaya ( Bihar )

    21. Dinesh Kumar Village AND P.O. Gayghat, P.S. Brahmpur, Distt. - Buxar, Bihar

    22. Rajesh Kumar Pandey Village - Ojhauliya, P.O. Parsiya, P.S. Brahmpur, Distt. - Buxar, Bihar

    23. Anuj Kumar Raj S/o Radhakant Mishra At - Dumariya P.S. Kishanganj, Distt. - Kishanganj, Bihar

    24. Jay Prakash S/o Rajendra Prasad Sinha R/o P.O. Masauri, District - Patna, Bihar

    25. Sanjeev Kumar S/o Shukdeo Dwivedi At. Raghunathpur, Post Saidabad, P.S. Rani - Talab, Distt. - Patna, Bihar - 801104, ( Roll No. P - 21209 )

    26. Lal Babu Singh S/o Sri Ram Pravesh Singh Village - P.O. Kolodehari, P.S. Chouri, Distt. - Bhojpur ( Arrah ), Bihar

    5/23

    27. Sanjay Bikas Tripathy Village - Itavan, P.O. Nautaha, P.S. Belbawan, Distt. - Kaimur, Bihar

    28. Praveen Kumar Upadhyay S/o Shankar Upadhyay R/o Village - Upadhya Bigha, P.O. Mainpura Chanda, District - Arwal, Bihar

    29. Gyan Prakash Singh S/o Murli Dhar Singh R/o Village - Ahinoura, P.O. Harnathpur, P.S. Mohania, Distt. - Kaimur, Bihar

    30. Kumar Pramod Singh S/o Babulal Singh Vill. + P.O. Jaisingpur Tola Rajpur P.S. Turkaulia, Distt. - East Champaran

    31. Sanjay Kumar Son of Chandrika Choudhary Resident of Village - Birla Colony, P.O. + P.S. Phulwarisharif, District - Patna

    32. Vijay Kumar Azad Son of Bhagwan Ram R/o Ratanpura ( Bank Colony ) P.O. Chapra, P.S. Bhagwan Bazar, district - Chapra

    33. Kamal Nayan Pandey S/O Chandra Bhushan Pandey C/O R.B. Tripathi, Qtr. No. 8, Road No. 5, P AND T Colony, N.R. Sanjay Gandhi Stadium, Gardanibagh, P.S. Gardanibagh, Distt. - Patna, Bihar

    .... .... Appellant/s

    Versus

    1. The State of Bihar through Chief Secretary, Government of Bihar, Patna

    2. The Director General of Police - cum - Inspector General of Police, Government of Bihar, Patna

    3. The Home Secretary, Government of Bihar, Patna

    4. The Inspector General of Police, Headquarter, Patna

    5. The Inspector General of Police, Darbhanga Region, District - Darbhanga

    6. The Inspector General of Police, Bettiah Region, District - Bettiah

    7. The Inspector General of Police, Chapra Region, District - Saran ( Chapra )

    8. The Inspector General of Police, Gaya Region, District - Gaya

    9. The Inspector General of Police, Munger Region, District - Munger

    10. The Inspector General of Police, Dehri - on - Sone Region, District - Rohtas

    11. The Bihar Staff Selection Commission through its Secretary, Government of Bihar

    12. The Chairman, Bihar Staff Selection Commission, Government of Bihar, Patna

    13. Sunil Kumar S/O Bramdeo Das Village - New Baldah, P.O. + Distt. - Madhubani

    14. Manoj Kumar S/O Basant Lal Gupta Village - Satpura, Opposit Choudhary Lodge, P.O. Ramna, Distt. - Muzaffarpur

    15. Deo Kumar S/O Shiv Shankar Roy Village - Gorgama Naya Gaon Via Lakhminia, Distt. - Begusarai

    16. Anirudh Prasad Shastri S/O Ganesh Pd. Mandal Village - Nautoliya Chowk, P.O. Fatehpur, P.S. Industrial Brari, Distt. - Bhagalpur

    17. Rajeev Kumar Sinha S/O Parmeshwar Prasad Village - Saraiyapar, P.O. Paithan, Distt. - Nalanda

    18. Manoranjan Kumar Choudhary S/o Chhote Lal Chaudhary Village - Jiria, P.O. + P.S. Loria, Distt. - W. Champaran

    19. Santosh Kumar S/o Siyaram Das Village + P.O. Kanhauli, P.S. Mahua, Distt. - Patna

    20. Anuj Kumar S/O Binod Kumar Ward No. 6, Mohalla - Chandi, Post - Badh, Distt. - Patna

    21. Gajendra Kumar S/O Janeshwar Singh Village - Shiv Bhajan Bigha, P.O. Itwan, P.S. Haspura, Distt. - Aurangabad

    22. Ramjee Prasad S/O Ambika Prasad Village - Daroga Kuaan, Post - Hilsha, Distt. - Nalanda

    6/23

    23. Bablu Kumar Pandit S/O Rajendra Pandit Village - Mojahida, P.O. + P.S. Parhatta, Distt. - Khagaria

    24. Chandan Kumar Thakur S/O Shiv Shankar Thakur Vill. - High School Road Manihari, P.O. Manihari, Distt. - Katihar

    25. Arvind Kumar Singh S/O Jagdish Pd. Singh Vill. - Munna Chak, College Of Commerce Kankarbagh, P.O. Lohia Nagar, Distt. Patna

    26. Birendra Kumar Choudhari S/O Shambhu Choudhari Village - Amrit Bigha, Ward No.1, P.O. + P.S. Daud Nagar, Distt. - Aurangabad

    27. Rinku Kumari D/O Ishwar Pd. Singh Village - Sakatpur, P.O. Barhot, P.S. Bind, distt. - Nalanda

    28. Pratibha Rani S/O Jagadish Yadav Village - Bishfi, Via Kewati - RunWay, P.O. + P.S. Bishfi, Distt. - Madhubani

    29. Priti Kumari Sinha D/O Ramesh Prasad Singh Village - Tilak Nagar, Road No.24, Kankarbagh, Distt. Patna

    30. Yashoda Kumari D/o Anup Lal Ram Village - Udayrampur, P.O. Ghongha, P.S. Kahalgaon, Distt. - Bhagalpur

    31. Reena Kumari D/O Vir Chandra Pd. Chaurasia Village - Rasulpur, P.O. Naya Gaon, Distt. - Saran ( Chhapra )

    32. Sweta Poddar D/O Siyaram Poddar Village - Bishanpur Bazar, P.O. Mirjapur Danduar, P.S. Begusarai, Distt. - Begusarai

    33. Amrita Rani D/O Sri Krishnandan Prasad Village + P.O. Kolawa, Via Harnaut, Distt. - Nalanda

    34. Kumari Kanchan Sinha D/O Sitaram Prasad Village + P.O. Ranipur,Via EkangarSrai, Distt. - Nalanda

    35. Alka Soni D/O Sanjay Kumar Pal Village - Palanpur, P.O. Sobhnathpur, P.S. Kahalgaon, Distt. - Bhagalpur

    36. Deelip Kumar S/O Sri Maheshwari Prasad Yadav Vill. - Okayar, Post - Gelhia - via - Pipra, P.S. Pipra Bazar, Distt. - Supaul

    37. Amlesh Kumar S/O Sri Anil Kumar Vill. - Badaki Delta, Post - R.S. Gaya, P.S. Delta, Distt. - Gaya

    38. Ram Raj Singh S/O Dayanand Singh Vill. - Babupar, Post - Sadishopur, P.S. Naubatpur, Distt. - Patna

    39. Shekhar Saurabh S/O Sri Ram Nagina Ray Vill. - Babhnauli, Post - Manikpur, P.S. Koilwar, District - Bhojpur

    40. Santosh Kumar S/o Late Ramdash Mehta Vill. - Rampur, Post - Mahendra, P.S. Bahadurpur, Distt. - Patna

    41. Uday Bhanu Singh S/O Sri Lal Mohar Singh Vill. - Dhanawai, Post + P.S. Nasariganj, Distt. - Rohtas

    42. Anil Kumar S/O Sri Mauje Lal Mandal Vill. - Bore, Post - Boraj, P.S. Hathuri, Distt. - Samastipur

    43. Ajay Kumar S/O Sri Raghwendra Kumar Vill. - Bhawani Nagar, Ward No.13, Post + P.S. Saharsa, Distt. - Saharsa

    44. Manoj Kumar S/O Sri Shiv Prasad Vill. - Raphiganj, Pathak Tola, Post + P.S. Raphiganj, Distt. - Aurangabad

    45. Jitendra Kumar S/O Late Chandra Shekhar Poddar Vill. - Raul Bagh, Post + P.S. Kishanganj, Distt. - Kishanganj

    46. Ritesh Kumar S/O Sri Surya Narayan Prasad Yadav Vill. - P.N.R. Road, Post - Guljarbagh, P.S. Aalamganj, Distt. - Patna

    47. Bhupendra Kumar S/O Sri Surendra Kumar Vill. - Warini Prasad Lane, Post - Jhauganj, P.S. Khajekala, Distt. Patna

    48. Rama Shankar Sah S/O Sri Kishun Sah Vill. - Rani Chhapra, Post - Barmaswa, P.S. Harsiddhi, Distt. - E. Champaran

    7/23

    49. Ashok Kumar Prajapat S/O Sri Bhagwal Prajapat Vill. + Post - Buxar Pratap, P.S. Godh, Distt. - Aurangabad

    50. Pramod Sah S/O Sri Mukteshwar Sah Vill. - Bishunpur, Akhari Tola, Post - Bishunpur, P.S. Dhandaha, Distt. - Purnia

    51. Sunil Kumar S/O Nunu Lal Thakur Vill. - Singarpur, Post - Bichhaw, P.S. Chanan, Distt. - Lakhisarai

    52. Jagdish Pandit S/O Sri Satyanarayan Pandit Vill. + Post - Sakrar, P.S. Ramgadhwa, Distt. - E. Champaran

    53. Khamash Chaudhary S/O Late Bhola Chaudhary Vill. - Marar, Post - Jitwarpur, P.S. Raika, Distt. - Madhubani

    54. Sandeep Kumar S/O Gopal Mistri Vill. - Chhotki Delta, Post - R.S. Gaya, P.S. Delta, Distt. - Gaya

    55. Md. Naushad Alam S/o Mohibull Haque Vill. - Kawai, Post - Bandhara, P.S. Ghathi, Distt. - Samastipur

    56. Md. Rushtam S/o Md. Sahabuddin Vill. - Bathli Chandrika, Post - Hajipur, P.S. Nagar Hajipur, Distt. - Vaishali

    57. Nand Kishor Pandit S/O Sri Baidhnath Pandit Vill. + Post - Tadhwanandpur, P.S. Bairia, Distt. - W. Champaran

    58. Sujan Kumar S/O Late Sudama Pandit Vill. - Bansh Ke Hal, Post + P.S. Khusrupur, Distt. - Patna

    59. Niranjan Kumar S/O Sri Parmeshwar Mandal Vill. - Arihana, Post Arihana - via - Sonaili, P.S. Aajamnagar, District - Katihar

    60. Bharti Kumari D/O Sri Anil Kumar Vill. + Post + P.S. - Parwalpur, Distt. - Nalanda

    61. Archana Kumari D/o Sri Karmlal Vill. - Kankarbagh Colony Mor, Post - Lokiyanagar, P.S. Kankarbagh, Distt. - Patna

    62. Smt. Meera Kumari D/O Late Dewlal Prasad Vill. - Bhaluan, Post - Akauna, P.S. Masaurhi, Distt. - Patna

    63. Anil Kumar S/O Sri Dyachand Prasad Vill. - Mustafabad, Post + P.S. Rampur, Distt. - Gaya

    64. Daya Shankar Sahi S/o Sri Yamuna Sai Vill. + Post - Rampur, P.S. Maner, Distt. - Patna

    65. Neeraj Kumar Thakur S/O Sri Yogendra Thakur Vill. - Mahesadih, Post + P.S. Banka, Distt. - Banka

    66. Sumant Chaudhary S/O Ishwarlal Chaudhary Vill. - Bisheni Khurd, Post - Kharari, P.S. Nokha, Distt. - Rohtas

    67. Safiullah Ansari S/O Samullah Ansari Vill. - Aphim Kothi, Ward No. 16, Post + P.S. Daudnagar, Distt. - Aurangabad

    .... .... Respondent/s

    with

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

    Letters Patent Appeal No. 841 of 2014

    IN

    Civil Writ Jurisdiction Case No. 19601 of 2013

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

    1. Mukesh Kumar S/o Sri Kanchan Kumar R/o Village+ P.O- Tintanga Karari, P.S- Gopalpur, District- Bhagalpur.

    2. Gyananand Amrendra S/o Sri Yogendra Prasad Yadav R/o Azampur Gola, P.O- Maniari, District- Katihar.

    3. Raju Kumar Singh S/o Sri Sanjay Prasad Sinha R/o Village+ P.O- Sanhouli,

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    District- Khagaria.

    4. Navin Kumar Jha S/o Sri Gajendra Jha R/o R.P.S. College, Patepur, District- Vaishali.

    5. Rakesh Kumar Yadav S/o Sri Jagdeo Prasad Yadav R/o Village + P.O- Sarsi, District- Purnea.

    6. Ram Nath Prasad C/o Manoj Medical Hall R/o Hospital Road Sitamarhi, P.S- town Thana, District- Sitamarhi.

    7. Kundan Kumar Singh S/o Sri Naresh Kumar Singh R/o Village- Mohanpur (East Tola), P.O- Dharara, District- Munder.

    8. Yogesh Kumar Yadav S/o Sri Baangu Yadav R/o Village+ P.O- Oriup, P.S- Antichak, District- Bhagalpur.

    9. Krishna Kumar Singh S/o Sri Haridwar Singh R/o Village- Baruwan, P.O+ P.S- Dighwara, District- Saran.

    10. Rakesh Kumar S/o Sri Lakhan Sharma, C/o Krishna Lal Rajak Tekari Road, Patthar Ki Masjid, P.O- Mahendru, P.S- Sultanganj, District- Patna. .... .... Appellant/s

    Versus

    1. The State of Bihar through Chief Secretary Govt. of Bihar, Patna.

    2. The Director General of Police Cum Inspector General of Police, Govt. of Bihar, Patna.

    3. The Home Secretary, Govt. of Bihar, Patna.

    4. The Inspector General of Police, Headquarter, Patna.

    5. The Bihar Staff Selection Committee through its Secretary, Bihar, Patna.

    6. The Chairman, Bihar Staff Selection Commission, Bihar, Patna.

    7. Sunil Kumar S/o Brahmdeo Das R/o Village New Bakdah, PO+ District- Madhubani.

    8. Manoj Kumar S/o Basant Lal Gupta R/o Village Satpura, opposite Chaudhary Lodge, P.O- Ramna, District- Muzaffarpur.

    9. Deo Kumar S/o Shiv Shankar Roy R/o Village Gorgama Naya Gaon, via- Lakhminia, District- Begusarai.

    10. Anirudh Prasad Shastri S/o Ganesh Pd. Mandal R/o Village- Nautoliya Chowk, P.O- Fatehpur, P.S- Industrial Barari, District- Bhagalpur.

    11. Rajiv Kumar Sinha S/o Parmeshwar Prasad R/o Saraiyapar, P.O- Paithan, District- Nalanda.

    12. Manoranjan Kumar Choudhary S/o Chotte Lal Choudhary R/o Village- Jiria, P.O+ P.S- Loria, District- West Champaran.

    13. Santosh Kumar S/o Sia Ram Das R/o Village+ P.O- Kanhauli, P.S- Mahua, District- Vaishali.

    14. Anuj Kumar S/o Binod Kumar R/o ward no. 6, Mohalla Chandi, P.O- Barh, District- Patna.

    15. Gajendra Kumar S/o Janeshwar Singh R/o Shiv Bhajan Bigha, P.O- Itwan, P.S- Haspura, District- Aurangabad

    16. Ramjee Prasad S/o Ambika Prasad R/o Village Daroga Kuaan, P.O- Hilasa, Nalanda.

    17. Bablu Kumar Pandit S/o Rajendra Pandit R/o Mojahida, P.O+ P.S- Parhatta, District- Khagaria.

    18. Chandan Kumar Thakur S/o Shiv Shankar Thakur R/o Village- High School Road Manihari, P.O- Manihari, district- Katihar.

    19. Arvind Kumar Singh S/o Jagdish Prasad Singh R/o Village- Munna Chak, College of Commerce, Kankarbagh, P.O- Lohianagar, District- Patna.

    20. Birendra Kumar Choudhary S/o Shambhu Choudhary R/o Village Amrit Bigha,

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    Ward no. 1, P.O.+ P.S.- Daud Nagar, District- Aurangabad.

    21. Rinku Kumari Daughter of Ishwar Pd. Singh R/o Village- Sakatpur, P.O.- Barhot, PS- Bind, District- Nalanda.

    22. Pratibha Rani daughter of Jagdish Yadav R/o village Bisfi, via- Kewati, Runway, P.O+ P .S- Bishfi, district- Madhubani.

    23. Priti Kumari Sinha daughter of Ramesh Pd. Singh R/o village Tilak Nagar, road no. 24, Kankarbagh, District- Patna.

    24. Yashoda Kumari D/o Anup Lal Ram R/o village Udayrampur, P.O- Ghongha, P.S- Kahalgaon, District- Bhagalpur.

    25. Reena Kumari D/o Vir Chand Patel Chaurasia R/o Rasulpur, P.O- Naya Gaon, District- Saran.

    26. Sweta Poddar daughter of Siyaram Poddar R/o Village- Bishanpur, Bazar, P.O- Mirazpur Danduar, P.S- Begusarai, District- Begusarai.

    27. Amrita Rani Daughter of Krishnandan Prasad R/o Village+ P.O- Kolawa Via Harnaut District- Nalanda, 27(A) Kumari Kanchan Sinha Daughter of Sitaram Prasad, R/o Village+ P.O- Ranipur Via Ekangarsarai, district- Nalanda.

    28. Alka Soni Daughter of Sanjay Kumar Pal R/o Village- Palanpur, P.O- Sobhanathpur, P.S- Kahalgaon, District- Bhagalpur.

    29. Deelip Kumar S/o Sri Maheshwari Prasad Yadav R/o Village- Okayar, P.O- Gehalia via Pipra, P.S- Pipra Bazar, District- Supaul.

    30. Amlesh Kumar S/o Sri Anil Kumar R/o village Badaki Delta, P.O- R.S. Gaya, P.S-Delta, District- Gaya.

    31. Ram Raj Singh S/o Dayanand Singh R/o Babupar, P.O- Sadishopur, P.S- Naubatpur, District- Patna.

    32. Shekhar Saurabh S/o Sri Ram Nagina Ray r/o Babhanauli, P.O- Manikpur, P.S- Koilear, District- Bhojpur.

    33. Santosh Kumar S/o Late Ramdash Mehta R/o Village Rampur, P.O- Mahendra, P.S- bahadurpur, District- patna.

    34. Uday Bhanu Singh S/o Sri Lal Mohar Singh R/o Village- Dhanawal, P.O AND P.S- Nasariganj, District- Rohtas.

    35. Anil Kumar S/o Sri Mauje Lal Mandal R/o Village- Bore, P.O- Booraj, P.S- Hathauri, District- Samastipur.

    36. Ajay Kumar S/o Sri Raghwendra Kumar R/o Village Bhawani Nagar, Ward no. 3, P.O AND P.S- Kishanganj, District- Kishanganj.

    37. Manoj Kumar S/o Sri Shiv Prasad R/o Village Raphiganj, Pathak Tola, P.O AND P.S Raphiganj, District- Aurangabad.

    38. Jitendra Kumar S/o Late Chandra Shekhar Prasad R/o Village Raul Bagh, P.O AND P.S- Kishanganj, district- Kishanganj

    39. Ritesh kumar S/o Surya Narayan Prashad Yadav R/o Village- P.N.R. Road, P.O- Gulzarbagh, P.S- Alamganj, District- Patna.

    40. Bhupendra Kumar S/o Sri Surendra Kumar R/o Village- Warini Prasad Lane, P.O- Jhauganj, P.S- Khajekala, District- Patna.

    41. Rama Shankar Sah S/o Sri Kishun Sah R/o Village Rani Chhapra, P.O- Burmaswa, P.S- harsiddhi, District- E. Champaran.

    42. Ashok Kumar Prajapat S/o Sri Bhagwal Prajapat R/o Village AND P.O- Buxar Pratap, P.S- Godh, District- Aurangabad.

    43. Pramod Sah S/o Mukteshwar Sah R/o Village Bishunpur, Akhari Tola, P.O- Bishunpur, P.S- Dhandaha, District- Purnia.

    44. Sunil Kumar S/o Sri Nanu Lal Thakur R/o Village- Singarpur, P.O- Bichhaw, P.S- Chanan, District- Lakhisarai.

    45. Jagdish Pandit S/o Sri Satyanarayan Pandit R/o Village AND P.O- Sakrar, P.S- Ramgadhwa, District- E. Champaran.

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    46. Khamas Choudhary S/o Late Bhol Choudhary R/o Village Marar, P.O- Jitwarpur, P.S- Raika, District- Madhubani

    47. Sandeep Kumar S/o Gopal Maitri R/o Village Chotki Delta, P.O- Gaya, P.S- Delta, District- Gaya.

    48. Md. Naushad Alam S/o Mohibull Haque R/o Kawai, P.O- Bandhara, P.S- Ghanti, District- Samastipur.

    49. Md. Raushtam S/o Md. Sahabuddin R/o Village- Bathili Chandrika, P.O- Hajipur, P.S- Nagar Hazipur, District- Vaishali.

    50. Nand Kishore Pandit S/o Sri Baidyanath Pandit R/o Village Arihana, P.O- Arihana Via Sonaili, P.S- Aajamnagar, District- Katihar.

    51. Sujan Kumar S/o Late Sudama Pandit R/o Village Bansh Ke Hal, P.O AND P.S- Khuruspur, District- Patna.

    52. Niranjan Kumar S/o Sri Parmeshwar Mandal R/o Village- Arihana, P.O- Arihana via Sonali, P.S- Aajamnagar, District- Katihar.

    53. Bharti Kumari D/o Sri Anil Kumar R/o Village+ P.O+ P.S- Parwalpur, District- Nalanda.

    54. Archana Kumari D/o Sri Karmlal R/o Village Kankarbagh Colony, More, P.O- Lohiya Nagar, P.S- Kankarbagh, District- Patna.

    55. Smt. Meera Kumari D/o Late Dewlal Prasad R/o Village Bhatuan, P.O- Akauna, P.S- Masaurhi, District- Patna.

    56. Anil Kumar S/o Sri Dayachand Prasad R/o Village+ P.O+ P.S- Rampur, District- Gaya.

    57. Daya Shankar Sahi S/o Sri Yamuna Sai R/o+ P.O- Rampur, P.S- Maner, District- Patna.

    58. Neeraj Kumar Thakur S/o Sri Yogendra Thakur R/o Village- Bisheni, Khurd, P.O- Kharari, P.S- Nokha, District- Rohtash.

    59. Sumant Choudhary S/o Ishwarlal Choudhary R/o Village Bisheni Khurd, P.O- Kharari, P.S- Nokha, District- Rohtash.

    60. Saifullah Anshari S/o Samullah Anshari R/o Village Aphim Kothi, Ward no. 16, P.O+ P.S- Daudnagar, District- Aurangabad.

    .... .... Respondent/s

    with

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

    Letters Patent Appeal No. 1306 of 2014

    IN

    Civil Writ Jurisdiction Case No. 20143 of 2013

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

    1. Kumar Abhishek S/o Suman Kumar Pandey Muhalla - Purani Gudari, Post + P.S. Bettiah, Distt. - West Champaran ( Bihar )

    2. Shashi Kumar Bhagat S/o Sri Vijay Bhagat R/o Chirouri, Via - Chausa, Distt. - Madhepura ( Bihar )

    3. Manoj Kumar Singh S/o Sri Ram Pratap Singh R/o Village - Chandi, P.O. Harauli, P.S. Hajipur, Distt. - Vaishali ( Bihar )

    4. Sanjay Kumar Singh S/o Sri Ravindra Prasad Singh R/o Village - Bathi, Maheshpur, P.O. Bathi, Maheshpur, Via - A.G. Bazar, Distt. - Katihar ( Bihar )

    5. Reetesh Ranjan S/o Nagesh Kumar R/o Cyber Hut, B.N.R. Road, P.O. Bhawanipur Rajdhan, Distt. - Purnia ( Bihar )

    6. Rana Jee S/o Uday Shankar Singh R/o Village - Ancha, P.O. Ancha, Distt. - Aurangabad ( Bihar )

    7. Niraj Kumar Singh S/o Hari Shanker Singh R/o Village - Jigna Gopal, P.O.

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    Jigna Jagarnath, Distt. - Gopalganj ( Bihar )

    8. Poresh Kumar Das S/o Sri Arun Kumar Das R/o village - Kanjia, P.O. Anger Hat, Distt. - Purnia ( Bihar )

    9. Vikas Kumar Alok S/o Sri Vidyanand Arya R/o Village + P.O. Pothia Bazar, Distt. - Katihar ( Bihar )

    10. Santosh Kumar Bhagat S/o Mahendra Prasad Bhagat R/o Village + P.O. Bhawanipur Rahdhan, Distt. - Purnea ( Bihar )

    .... .... Appellants

    Versus

    1. The State of Bihar, through Secretary, Minister of Home, Government of Bihar, Patna

    2. The Joint Secretary, Department of Home, Government of Bihar, Patna

    3. The Director General of Police, Government of Bihar, Old Secretariat, Patna

    4. The Inspector General of Police, Bihar Police Headquarter, Patna, Bihar

    5. The Additional Inspector General of Police, Bihar Police Headquarter, Patna, Bihar

    6. The Bihar Staff Selection Commission, P.O. Vatenery College, Bailey Road, Patna, through its Secretary

    7. The Chairman, The Bihar Staff Selection Commission, P.O. Vatenery College, Bailey Road, Patna

    .... .... Respondent/s

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

    Appearance :

    (In LPA No. 745 of 2014)

    For the Appellant/s : Mr. Chakrapani, Adv. Mr. Madhuresh Singh, Adv.

    Mr. Dipak Kumar, Adv.

    For the Respondent/s : Mr. KUNDAN BHADUR SINGH

    (In LPA No. 766 of 2014)

    For the Appellant/s : Mr. Rajesh Kumar Singh, Adv. Mr. Dinu Kumar, Adv.

    Mr. Shiw Kumar Prabhakar, Adv.

    Mr. Mayank Kumar, Adv.

    For the Respondent/s : Mr. Sanjay Kumar Verma, Adv. (In LPA No. 841 of 2014)

    For the Appellant/s : Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Chandan Jha, Adv.

    For the Respondent/s : Mr. Ratna Deep Prasad, AC to AAG-11 Mr. Chitranjan Sinha, Sr. Adv.

    Mr. Arun Kumar, Adv.

    Mr. P.M. Sharan, Adv.

    Mr. Avinash, Adv.

    (In LPA No. 1306 of 2014)

    For the Appellant/s : Mr. Dr. Bipin Chandra, Adv. For the Respondent/s : Mr. Purnendu Singh, GP27 ===========================================================

    CORAM: HONOURABLE THE CHIEF JUSTICE

    and

    HONOURABLE MR. JUSTICE SUDHIR SINGH

    ORAL JUDGMENT

    12/23

    (Per: HONOURABLE THE CHIEF JUSTICE) Date: 19-05-2015

    In this batch of Letters Patent Appeals, the common order dated 3.4.2014, passed by the Learned Single Judge in C.W.J.C. No.14965/13 and batch is challenged. The unsuccessful petitioners are the appellants. The matter pertains to the appointment to the post of Sub-Inspectors in the State of Bihar. Ever since the notification was issued on 21.9.2004 proposing to appoint 1510 Sub-Inspectors, virtually there was a spate of litigation. As a part of selection process, written examination was held and results were declared. A batch of writ petitions was filed raising the plea that the modal answers for the questions in the test paper were not correct. The Bihar Staff Selection Commission (for short „the Commission") itself realized that there were mistakes in the answers and on a re-evaluation of the answer scripts, 160 candidates, who were earlier selected, have been dropped. That, in turn, has given rise to filing of writ petitions by the aggrieved persons. It is not necessary to refer to the other details about that litigation, at this stage. Suffice it to say that the Commission published a list of 2149 candidates recommending for appointment. Ultimately, on 26.6.2009, the orders of appointment were issued.

    13/23

    The writ petitions filed questioning the correctness of the answers were ultimately dismissed. Batch of Letters Patent Appeals filed against the same, were also rejected. The matter was taken to the Hon"ble Supreme Court in the form of S.L.P. (Civil) 20279 of 2009 and batch. On 2.2.2011, the said S.L.Ps. were heard by the Hon"ble Supreme Court. The number of petitioners in Special Leaves, who were agitating the issue, was found to be 223. On behalf of the State, it was represented that 299 posts of Sub-Inspectors remain vacant at that time, and in the examination to be held for those posts, the 223 persons who were unsuccessful, in the selection referable to the 2004 advertisement, would be permitted to appear by relaxing the age limits. An order was passed on that date taking note of the same. However, an impression was gathered by the Commission, as though the 223 candidates alone would be entitled to participate in the selection process for 299 posts, and other similarly situated candidates were not extended that benefit.

    On 28.11.2011, the Hon"ble Supreme Court

    clarified its order dated 2.2.2011 to the effect that in the written test, to be held for 299 posts, not only the 223 unsuccessful candidates, but also other similarly situated

    14/23

    persons, apart from fresh candidates, shall be permitted to appear.

    In the course of selections and appointment of candidates for 2149 vacancies, which included 1510 notified under advertisement dated 21.9.2004 and 639 vacancies that arose at a later stage, 67 candidates belonging to various reserved categories were denied appointment on the ground that their claim, as to social status is not acceptable. Those candidates filed writ petitions and relief was granted to them. The appointment of 67 persons was to result in the removal or displacement of equal number of candidates, in the bottom of the merit list of the respective categories. When the same was pointed out, a Bench of this Court observed that it would be open to the State to take necessary steps in accordance with the law, in respect of the candidates who were liable to be removed. The judgment of the Division Bench in this behalf was affirmed by the Hon"ble Supreme Court. It was mentioned that the observations contained in the last paragraph of the order passed by the High Court are reiterated with a rider that the same shall not be used for adversely affecting the rights of more meritorious candidates.

    15/23

    There was some uncertainty, if not inconsistency, on the part of the State and the Commission as regards the implementation of the observations of this Court and the Hon"ble Supreme Court. At one stage, an attempt was made to continue the 67 persons who are to be displaced on account of the relief granted to equal number of candidates from reserved categories, but the same was dropped. When all this was going on, the State intended to issue an advertisement to fill up the 299 vacancies that were existing earlier and about 800 vacancies that arose later on. The appellants and other similarly situated candidates, (numbering about 223) whose S.L.Ps. were pending before the Hon"ble Supreme Court, took objection to this and wanted that a separate test be held exclusively for 299 vacancies. Their contention was accepted. The advertisement for 800 and odd vacancies were issued and even examination was conducted. In respect of 299 vacancies, advertisement was issued a bit later and the examination/written test is proposed to be held in a month or two.

    Stating that there is acute shortage of Sub- Inspectors in the State, the Government and the Commission have taken a decision to appoint 67 candidates

    16/23

    who were likely to be discontinued from service as a result of the implementation of the judgement of this Court. However, since the continuance of those 67 candidates was to result in excessive reservations, a decision was taken to appoint corresponding number of candidates from other categories, particularly, the unreserved category, from the merit list that was prepared with reference to the advertisement of the year 2004. The corresponding number emerged as 184. This resolution of the State was challenged in the present set of proceedings. The plea of the appellants was that the State Government cannot operate the merit list that was prepared with reference to the advertisement of the year 2004; and it cannot appoint more candidates than the number of posts advertised. Other similar contentions were also urged.

    The State and the Commission opposed the writ petitions stating that the petitioners do not have any right to challenge the decision taken by the State to continue 67 candidates and to appoint 184 persons from the merit list and that the directions issued by the Hon"ble Supreme Court are being implemented in letter and spirit. Learned Single Judge dismissed the writ petitions. Hence ,these appeals.

    17/23

    Extensive arguments are advanced by Shri Rajendra Prasad, learned Senior Counsel, Shri Chakrapani, and other advocates on record for the appellants and Shri Lalit Kishore, learned Principal Additional Advocate General and Shri Binod Kumar Kanth, learned Senior Counsel for the respondents, and we took note of the same. Introduction of the case, within the permissible limits of brevity, has been made in the preceding paragraphs. The recruitment of Sub-Inspectors pursuant to the advertisement issued in the year 2004 resulted in appointment of 2149 candidates in the year 2009. The litigation in relation to the said notification continues even now. In the S.L.Ps. filed by the appellants herein and other similarly situated candidates, the Hon"ble Supreme Court initially passed an order on 2.2.2011 which reads as under:-

    "Leave is granted. These appeals emanate from a common judgment dated 7.7.2009 passed by the High Court of Judicature at Patna in L.P.A. No.305/2009 and 475/2009. We have heard the learned counsel for the parties. Mr. Ranjit Kumar, learned senior counsel appearing for the appellants submits that 2,149 candidates have already been selected for the posts of Sub Inspectors of Police in the State of Bihar. Mr. Gopal Singh, learned standing counsel for the State of Bihar submits that requisition for appointment of 299 posts of Sub Inspectors of Police through direct recruitment has been sent to the Staff Selection Commission.

    In the peculiar facts and circumstances of these

    18/23

    cases, we direct the Bihar Staff Selection Commission to hold fresh examinations for the 299 posts of Sub Inspectors of Police and only the appellants, who were writ petitioners before the High Court of Judicature at Patna, whose cases were adjudicated upon or are pending before the High Court (total 223 only as per the list given in Court by Mr. Ranjit Kumar, learned senior counsel) would be at liberty to appear in the physical and written examinations.

    The schedule of examinations would be decided by the respondents and all those who pass the physical and written examinations would be appointed by the respondents and for the remaining posts of Sub Inspectors, a fresh advertisement would be issued by the Staff Selection Commission and appointments would be made in accordance with law.

    We hope and trust that the entire process of fresh selection would be completed expeditiously, in any event, within six months from the date of communication of this order.

    With these observations, these appeals are disposed of, leaving the parties to bear their own costs. All the pending I.As. are dismissed.

    S.L.P. (C) Nos.25288-25289/2009 and

    4283/2010:

    Leave granted in all the matters.

    These appeals are also disposed of in terms of the aforesaid order, leaving the parties to bear their own costs."

    On the basis of this, the State was proceeding as though the written test shall be held only for 223 persons and not for other similarly situated persons. Doubt was also entertained as to whether the other eligible candidates who apply afresh can be permitted to compete for those posts. On an interlocutory application filed before it, the Hon"ble Supreme Court passed an order on 2.2.2011. The same was explained on 28.9.2011, as under:

    … "Various applications have been filed by the

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    applicants who are similarly situated with the appellants seeking permission to appear in the physical and written examination for appointment to the 299 posts of Sub Inspectors in terms of the aforesaid order. We have heard learned counsel for the parties. Applications seeking permission to file application for directions are allowed.

    By the aforesaid order dated 2ndFebruary, 2011, we had permitted only 223 candidates to appear in the examination. But now, after perusing the applications and hearing the counsel for the parties, we deem it appropriate to permit all these applicants who are similarly situated and also all those candidates who are eligible, to appear in the examination for 299 posts of Sub Inspector of Police. Uniform standard would be made applicable to all the candidates and all the candidates appearing for the above post will have to undergo similar physical and the written examination.

    With these observations and directions, all the applications are disposed of."

    An advertisement has since been issued for filling up the 299 posts. The appellants are entitled to take part therein. The State has also clarified that the appellants and other similarly situated persons do not have to apply once again.

    The subject-matter of the writ petitions and the present set of appeals was the appointment/retention of 67 Sub-Inspectors who were earlier appointed, but were facing retrenchment, if not removal, on account of equal number of meritorious candidates being appointed in compliance with the directions issued by this Court. It has already been mentioned that the 67 candidates belonging to various

    20/23

    reserved categories were denied appointment on suspicion of their social status and once they were found to be eligible, they became entitled to be appointed. Regarding the possibility of equal number of candidates being removed, the Division Bench left it open to the State to take necessary steps in this behalf. The S.L.P. filed by the State of Bihar against the judgment of this Court was dismissed by the Hon"ble Supreme Court on 12.10.2012. As regards the steps to be taken in respect of 67 candidates who are facing removal, the Supreme Court observed as under:

    …"The special leave petitions are accordingly dismissed. However, the observation contained in the last paragraph of order dated 21.4.2011 passed by the High Court is reiterated subject to the rider that the same shall not be used for adversely affecting the rights of more meritorious candidates"…

    What the Hon"ble Supreme Court held was that in case it is decided to continue the 67 candidates who were already appointed, it shall be ensured that other meritorious candidates are not affected.

    The State was very much entitled to discontinue or remove the 67 candidates who were in the bottom of the merit list of the respective categories. However, there was acute shortage of Sub-Inspectors since hardly any selections were made since the year 2004 and the entire

    21/23

    issue was caught in the litigation of one kind or the other. The shortage was such that in many criminal cases, the Investigating Officers were/are not being examined as witnesses. The deterioration of law and order is another issue. The recruitment process initiated would take at least 2 to 3 years to materialize, if the litigus tendency of the candidates, is an indication. Under these circumstances, the State has taken a decision to continue the 67 candidates, though there was some initial wavering, in this behalf. If those candidates are to be continued, the percentage of reservation would increase. The only solution to this problem was to appoint the corresponding number of candidates from unreserved category. That worked out to 184 candidates from unreserved category. Obviously, they had to be picked up from the merit list prepared, with reference to the advertisement of 2004; and that was done. It may be true that the merit list prepared with reference to an advertisement or notification would be operative for a limited period, and by and large, the list can be operated only for the number of vacancies that are notified. In the instant case, however, though the advertisement was issued in the year 2004, the actual appointments were made only in the year 2009. Ever since

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    then, no other selection has taken place. The appointment of 67 candidates on the basis of the orders passed by this Court in the recent past was only from that list. The judgment of this Court in this behalf was upheld by the Hon"ble Supreme Court as recently as on 12.10.2012. Therefore, the argument that the panel has lapsed, does not hold water.

    Other objection is about the number of vacancies. It is true that a Division Bench of this Court held that the appointments in respect of an advertisement or a notification cannot exceed the number mentioned therein. However, it is difficult to treat the same as an absolute principle of law. Much would depend upon the text of advertisement, the circumstances that arose before or after the selection process, and the nature of orders that are passed by the competent courts from time to time in relation to the selections. In the instant case itself, the advertisement was for 1510 posts of Sub-Inspectors. However, by the time the selection process has been completed, 639 more vacancies have arisen and all of them i.e. 2149 were filled up. The appellants did not raise any objection to this. Added to that, 67 candidates have been appointed thereafter. Once the figure that was mentioned in

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    the advertisement lost its significance, be it on account of passage of time or the orders passed by the Courts, the appellants cannot make out any genuine grievance out of it. More important is the fact that some of the appellants are themselves going to be beneficiaries of the exercise, which is challenged in the writ petition. At any rate, it is only the fresh candidates who can complain of operation of the old select list for subsequent vacancies, since their chances of being selected would get diminished. The appellants do not belong to that category.

    Viewed from any angle, we do not find any basis to interfere with the order under challenge. We, accordingly, dismiss the Appeals.

    Interlocutory application, if any, stands disposed of.

    There shall be no order as to costs.

    (L. Narasimha Reddy,CJ) (Sudhir Singh, J)

    K.C.jha/-

    A.F.R.

    U

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