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2025 Supreme(Online)(Pat) 396
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4138 of 2025 ======================================================
1. Anil Kumar Yadav @ Anil Kr. Yadav, S/o Ramchandra Yadav, R/o- Village-
Parsauna Tapsi, P.S.- Palanua, District- East Champaran, Bihar.
2. Rakesh Kumar Ram, S/o Satyanarayan Ram, R/o- Barwa, P.S- Lakhaura, District -East Champaran.
3. Vikesh Kumar Paswan @ Vikesh Kr. Paswan, S/o- Jaypal Paswan, R/o-
Laxmipur Pokhariya, P.S- Adapur, District- East Champaran.
4. Suresh Thakur, S/o- Prem Chand Thakur, R/o- Village- Belahiya, P.S.-
Adapur, District- East Champaran.
5. Pawan Kumar Sah @ Pawan Sahu @ Pawan Kumar Sahu, S/o- Mohan Sah, R/o- Pakhaniya, P.S.- Ramgarhwa, District- East Champaran.
6. Mukesh Kumar @ Mukesh Kr. Ram, S/o- Prem Yadav, R/o- Ahirauliya, P.S.-
Ramgarhwa, District- East Champaran.
7. Munni Lal Ram, S/o- Ramdeo Ram, R/o- Mangalpur, Patani, P.S.-
Ramgarhwa, District- East Champaran.
8. Gauri Shankar Ram, S/o- Pundeo Ram, R/o- Dhanhar Dihuli, P.S.-
Ramgarhwa, District- East Champaran.
9. Shatrudhan Ram, S/o- Late Bhola Ram, R/o- Dhanhar Dihuli, P.S.-
Ramgarhwa, District- East Champaran.
10. Rajesh Kumar Mukhiya, S/o- Baidhnath Mukhiya, R/o- Bijbani, P.S.- Jitna, District- East Champaran.
11. Santosh Paswan, S/o- Gagan Deo Paswan, R/o- Parsa, P.S.- Pakri Dayal, District- East Champaran.
12. Manesh Yadav, S/o Chhotalal Yadav, R/o- Nawadi, Ahir Toli, P.S.- Pahadpur District-East Champaran.
... ... Petitioner/s Versus
1. The State of Bihar through the Director General of Police, Bihar Patna.
2. The District Magistrate, East Champaran, Motihari, Bihar.
3. The Superintendent of Police, East Champaran, Motihari, Bihar.
4. The District Commandant Home Guard Wahini, District- East Champaran.
5. The District Selection Committee, through The District Magistrate cum Chairman, Home Guards Voluntary Nomination East Champaran, Motihari.
... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mr. Ali Muqtadir Ahmad, Advocate For the Respondent/s : Ms. Jahan Ara, AC to GP- 14 ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 18-03-2025 Heard Mr. Ali Muqtadir Ahmad, learned Advocate for the petitioners and Ms. Jahan Ara, learned Advocate for the State.
2. All these petitioners are aspirants of Home Guard in terms of Advertisement No. 02/2011 have approached this Court seeking a direction upon the respondent authorities to appoint them on the vacant post of Home Guard in respective block within the jurisdiction of Motihari district on the basis of provisional merit list/waiting list issued under letter no. 951 dated 24.04.2022. The petitioners further sought a direction to extend similar reliefs to the petitioners, to those of the petitioners of C.W.J.C. No. 12825 of 2024 and C.W.J.C. No.
17644 of 2023.
3. Learned Advocate for the petitioners has taken this Court through various Annexures and the orders passed by this Court in C.W.J.C. No. 11645 of 2019 dated 05.02.2021 and contended that despite the prescription of the advertisement, the panel has been prepared on the basis of Block wise, instead of District wise. The issue went up to the Hon’ble Supreme Court and the decision of this Court stood affirmed. It is further contended that other similarly situated persons have also approached this Court in C.W.J.C. No. 12825 of 2024 and C.W.J.C. No. 17644 of 2023 wherein the Court taking note of the mandate of this Court, as also the vacancy, disposed off the writ petition with a direction to the Director General of Police (Home Guard), Bihar to consider the case of the individual petitioners. To support the aforesaid contention, reliance has been placed on Annexure-P/4 of the writ petition.
4. Learned Advocate for the State though refuted the contention of the petitioners, however, she fairly submitted that some of the persons, who approached before this Court, they have been directed to approach before the Director General of Police (Home Guard), Bihar.
5. Considering the nature of the grievance and the submissions of the petitioners that their case is based on parity, the present writ petition stands disposed of in similar terms of the order passed by the learned Coordinate Bench of this Court in C.W.J.C. No. 12825 of 2024 and C.W.J.C. No. 17644 of
2023, which is noted herein below:
“8. Under the above mentioned facts and circumstances, the Director General of Police (Home Guard), Bihar is directed to consider the case of the individual petitioners. The petitioners, if so advised, may file their individual comprehensive representation giving all the details in respect of their service particulars and fulfillment of their candidature to be considered in light of the judgment/order dated 05.02.2021 in CWJC No. 11645 of 2019, which has been affirmed by the Division Bench of this Court vide order/judgment dated 26.06.2024 passed in LPA No. 645 of
2021.”
6. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2025 Transmission Date NA
