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2010 Supreme(Pat) 319

DIPAK MISRA, MIHIR KUMAR JHA
Apil Kumar Singh Son Of Sri Karoo Prasad Singh – Appellant
Versus
Government Of Bihar – Respondent


JUDGEMENT

Dipak Misra, J.

1. In this intra-court appeal the sustainability of the order dated 10.8.2009 passed by the learned Single Judge in C.W.J.C. No. 9448 of 2009 is called in question.

2. Shorn of unnecessary details, the facts which are essential for adjudication of this appeal is that the appellant- petitioner (hereinafter referred to as the appellant) had applied for the post of Sub-Inspector of Police, pursuant to the advertisement no. 704/2004. He was selected and was sent for training. While he was in the midst of training he received an order dated 11.4.2009 cancelling his appointment on the ground that the Bihar Staff Selection Commission had cancelled his candidature placing reliance on Clause 11 of the advertisement.

3. Being dissatisfied with the aforesaid action the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India and contended before the learned Single Judge that the order of cancellation was vulnerable in law inasmuch as the petitioner did not commit any breach of the requirements of Clause 11 of the advertisement. The learned Single Judge, as is manifest from the order, repelled the aforesaid submission and affirme


























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