IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1465 of 2017 ======================================================

Manoj Kumar Son of Sri Jaynath Prasad, Resident of Village Sikanderpur Post Katesar, Police Station- Bihta, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Chairman, Central Selection Board of Constable Shri Sal Tara Complex, I.A.S. Colony, Bailey Road, Patna Bihar.

3. The Secretary, Central Selection Board of Constable, Shri Sal Tara Complex, I.A.S. Colony, Bailey Road, Patna Bihar.

4. The Examination Controller, Registration, Excise, and Prohibition, Department, Constable Excise, Patna Bihar.

5. The Union of India through Secretary Ministry of Personnel, Public Grievances and pensions (Department of personnel & Training) New Delhi.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate For the State : Mr. Pankaj Kumar Singh, AC to GA- 9 For the UOI : Mrs. Kanak Verma, CGC For the CSBC : Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

Date : 06-01-2026

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following reliefs:

“(A) Issue writ of certiorari, for the Memo no. 177/C.S.C (R.T.I) dated 30.12.2016 (Annexure-8) information got under right to information Act, by issued by the Authority Central, Selection Board of constable, Bihar, Patna to the petitioner whereby and where under claim of the petitioner for his appointment as Excise constable as per Advertisement/Notification No. 01/2015 has been rejected in illegal Arbitrary, manner against the 25% Reserved category Ex-Service (Defence) as per Reservation chart also on the ground to that his graduation certificate issued by depot, Coy (MT/Sup) ASC Centre South) C/O ASC, Centre & College, Bangalore 560007, as per guide line acquisition of educational qualifications No. 15012, 8/82 Esst. (D) Government of India, Ministry of Personnel, Public Grievances and pensions (Department of Personnel & Training New Delhi, dated 12 February 1986 is not valid certificate to appointment/selection in the post of Excise Constable. As per said Advertisement/notification No. 01/2015, Central selection Board of constable. Without verify the facts and legality of the said graduation Certificate by competent authority in this regard.

(B) To issue further writ of certiorari to th quash the notification dated 25^th February, 2014, Bihar Excise constable cadre, (Selection and service Condition) of Para-05 which is wrongly explanation.

(C) To issue the writ of mandamus commanding the Respondent to discharge there legal obligation to appointment to the petitioner on the post of Excise Constable under State of Bihar is several District in which final merit list be published but petitioner name not found in the said list under Malafide and arbitrary action.

(D) For proper action against responsible respondents involved in such illegal manner in selection of said process.

(E) For any relief/reliefs petitioners may be found entitled to.”

3. The case of the petitioner in brief is that the respondents having come out with Advertisement no. 1 of 2015 for appointment as Excise Constable, the petitioner who belong to the category of ex-service (defence personnel) filed an application for appointment.

4. It is the case of the petitioner that he has not been selected on the ground that as per Rule 5 of the Bihar Excise Constable Cadre (Appointment & Service Conditions) Rules, 2014 (hereinafter referred to as ‘the Rules’), the candidate should have passed the intermediate examination from a Board/Council recognized by the State/Central Government or should have passed an equivalent examination.

5. It is submitted by learned counsel for the petitioner in reference to notificati