IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9257 of 2013

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Mithilesh Kumar aged about 30 years S/O Late Muneshwar Pandey

Resident Of Village - P.O. + P.S. + Block - Ghosi, District - Jehanabad, Pin

Code – 80406 .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary Home Department, Govt. Of

Bihar, Patna

2. The Directorate General Of Police, Bihar, Patna

3. The Chairman Of The District Selection Board, (Constable Recruitment)

Patna, District - Patna

4. The Chairman Of The District Selection Board, (Constable Recruitment)

Bhagalpur, District - Bhagalpur

5. The Chairman Of The District Selection Board, (Constable Recruitment)

Arah, District - Bhojpur

6. The Chairman Of The District Selection Board, (Constable Recruitment)

Bettiah, District - Bettiah (West Champaran)

7. The Chairman Of The District Selection Board, (Constable Recuritment)

Nalanda, District - Nalanda Null Null

8. The Chairman Of The District Selection Board, (Constable Recruitment)

B.M.P. 22 Naul B.M.P. -11 Jamui, District - Jamui Null Null

9. The Chairman Of The District Selection Board, (Constable Recuritment)

B.M.P. 1 Noul B.M.P. -3 Gaya, District – Gaya .... .... Respondents

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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA

ORAL ORDER

2

09-05-2013

Heard counsel for the parties.

Having regard to the submission made by the learned

counsel for the petitioner and not opposed by the learned counsel

for the State that this case is squarely covered by the order dated

29.4.2012 in C.W.J.C.No. 126/2013, this writ application is also

disposed of in the same terms, wherein this Court has disposed of

the

aforementioned

writ

application

with

the

following

observations and directions:

(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 no.

1/2004, 2/2004 and 3/2004 has to be considered only

Patna High Court CWJC No.9257 of 2013 (2) dt.09-05-2013

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against 507 post of Constable as identified by the

respondents in their supplementary counter affidavit

inasmuch as now only 507 posts alone shall be filled up

on the basis of Advertisement Nos. 1/2004, 2/2004 and

3/2004 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 number of 507 vacancies already filled up or

sought to be filled up and the cut-off marks of the

respective category on which the appointments have been

or will be made pursuant to the directions of the Division

Bench in the case of Ajay Kumar (supra). This exercise

must be completed by Chairman of Respective

Recruitment Board within a period of one month from

the date of receipt of this order.

(iii) Any of the applicant who had participated

in the selection process of Advertisement no. 1/2004,

2/2004 and 3/2004 and had been declared eligible and

successful, on finding himself to be eligible on the basis

of marks secured by him earlier pursuant to the earlier

selection made in terms of those Advertisement Nos.

1/2004, 2/2004 and 3/2004 and also discovered from the

aforesaid notification of the respective Recruitment

Board that anyone in his/her category having either the

same marks or less than him or her has been appointed

against 348 posts after 28.6.2011 in terms of the

directions given by this Court in the case of Ajay Kumar

(supra) will be at liberty to file his representation to the

Patna High Court CWJC No.9257 of 2013 (2) dt.09-05-2013

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Chairman of the respective Recruitment Board within a

period of one month from the date of issuance of the

notification of the