IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17950 of 2023 ======================================================

Akhilesh Kumar Singh Son of Bachu Singh Resident of Village- Chanda, P.S.- Athmalgola, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Home Department, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Bihar, Patna.

4. The Superintendent of Police, Bihar, Patna.

5. The Superintendent of Police, Nalanda.

6. The Superintendent of Police, Darbhanga. 7. The Superintendent of Police, Samastipur. 8. The Superintendent of Police, Begusarai.

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

Appearance :

For the Petitioner/s : Mr. Lal Babu Singh, Advocate For the Respondent/s : Mr. Md. Irshad, AC to SC-1 : Mr. Md. Harun Quairaishi, AC to SC-1 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 13-02-2026 Heard the parties.

2. The present writ petition has been filed for commanding the respondent authorities to appoint/select the petitioner on the post of Constable, as he is a successful candidate in the physical test and fulfills the eligibility criteria.

3. The learned counsel for the petitioner submits that vide advertisement no. 01/2004, applications were invited from eligible candidates for being appointed to the post of Constables in District Police for all the districts within the State of Bihar and the total number of vacancies advertised was 5742. The petitioner being eligible for the aforesaid post submitted his application and thereafter an advertisement was published in Hindi daily newspaper Dainik Jagran on 19.03.2016, disclosing that the physical test measurement along with Roll Number Was provided in the advertisement. The petitioner appeared in the physical test and was declared pass but the result was never published nor any individual communication was made in this regard. It is the case of the petitioner that despite having passed the examination, the petitioner has not been appointed till date.

4. A counter affidavit has been filed on behalf of the respondent no.2 wherein it has been stated that against the order passed by this Court in C.W.J.C. No. 5230 of 2009, LPA No. 831 of 2009 was filed and the said LPA was heard by a Division Bench of this Court and vide order dated 28.06.2011 passed in the said LPA i.e. LPA No. 831 of 2009 and its analogues cases, a direction was issued which is quoted hereinbelow:-

"We think it proper to give a direction to the Chief Secretary, State of Bihar, for issuance of direction to the Director General of Police to ascertain the actual number of vacancies available on the date of publication of Advertisements of the year 2004 and also prepare a fresh list of the candidates who were declared eligible after the regular recruitment process and the same shall be considered in accordance with Rules. The entire process shall be completed within a period of six months from the date of receipt of a copy of this order."

5. Subsequently, vide order dated 29.04.2013 passed in C.W.J.C. No. 126 of 2013, certain directions were given in view of order dated 28.06.2011 passed in LPA No. 831 of 2009. The said directions are quoted hereinbelow:-

(i) "The Prayer of the petitioner for being appointed on the post of Constable on the basis of process of selection undertaken in terms of Advertisement Nos. 01/2004, 02/2004 and 03/2004 has to be considered only against 507 post of constable as identified by the respondents in the supplementary counter affidavit in as much as now only 507 post alone shall be filled up on the basis of Advertisement Nos. 01/2004, 02/2004 and 03/2004 by the respective Recruitment Board from amongst the candidates who had appeared in such selection and were also declared eligible and successful in all respect.

(ii) Each Recruitment Board will notify the breakup n