IMPORTANT POINTS
(1) Order when specifically held that it may not be treated as Precedent, no benefit can be claimed of said order by writ petitioner.
(2) Directing for appointment of all those candidates which includes petitioners also who did not take physical test or took physical test and failed shall be an unending process and such direction cannot be granted.

JUDGMENT

ASHOK BHUSHAN, J.

1. This bunch of writ petitions have been filed under Article 32 of Constitution of India by the petitioners claiming appointment to the post of Sub-Inspector of Police in the State of Bihar claiming parity with 133 candidates who were appointed under Orders of this Court by subjecting them only to the Medical test and not subjecting them with the Physical test. Counter Affidavit has been filed in writ petition No.227 of 2019 by State of Bihar as well as Bihar Staff Selection Commission which writ petition is being treated as a leading writ petition. The facts and claims made by writ petitioners in all these petitions being based on same ground, it shall be sufficient to refer to pleadings in writ petition No.227 of 2019 for deciding all the writ petitions. There has been a checkered history of litigation with regard to selection to the post of Sub-Inspector conducted in the State of Bihar.

2. Brief facts and sequence of the events giving rise to the writ petitions need to be noted first: -

i. An Advertisement No.704 of 2004 was issued by Bihar Staff Selection Commission (hereinafter referred to as ‘Commission’) for appointment of 1510 posts of Sub-Inspector in the State of Bihar. The Physical test and thereafter written examination were part of the process of selection. Physical Test in pursuance of 2004 selection was held in the year 2006 and those selected were permitted to take written examination in the year 2008. The result was declared on 30.05.2008.

ii. There were certain mistakes in model answers with regard to which writ petitions were filed in the Patna High Court challenging the result. The Commission appointed an expert Committee and re-scrutinizes the answer sheets. consequently, 160 originally selected candidates were required to be removed. The State Government decided to retain 160 originally selected candidates also. Consequently, 639 more vacancies were added to accommodate 160 originally selected candidates and to maintain the roster.

iii. The candidates still unsatisfied regarding correctness of some answers and increase of vacancies by 639, filed writ petitions in the High Court and ultimately the matter was carried to this Court in C.A.Nos.1240-1241 of 2011 with connected appeals. This Court noticed that requisition for appointment of 299 posts of Sub-Inspector of Police has been received to the Commission from the State Government. This Court directed the Commission to hold fresh examination for 299 posts of Sub- Inspector and only those appellants who were writ petitioners before the High Court or pending before the High Court (Total-223 as per list given in the Court) are at liberty to appear in the Physical as well as written examination. The appeals were decided on 02.02.2011 issuing the above direction to the Commission.

iv. Subsequently, this Court vide order dated 28.11.2011 after considering various IAs filed in the decided appeals permitted all the applicants who are similarly situated to those candidates who are eligible to appear in the examination for 299 posts of Sub-Inspector. It is useful to quote following portion of the order:-

“...By the aforesaid order dated 2nd February, 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 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.”

v. For filling of 299 posts, advertisement No.704/511 dated 28.06.2011 was issued in pursuance of this Court’s order dated 02.02.2011. The advertisement provided for sel