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2004 DIGILAW 1148 (PAT)

Jaganath Roy v. State Of Bihar

2004-11-22

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Heard counsel for the parties. 2. The writ petitioners have prayed for issuance of direction upon the respondents to appoint them on the posts of police constable in the District of Patna pursuant to Advertisement No. 1 of 1997. 3. It is submitted by learned counsel for the petitioners that the petitioners had qualified in the physical test and they had the requisite height, but they were not appointed only on the ground that they had taken training of home-guard from the State of Uttar Pradesh. It is further submitted that since the petitioners had undergone training of home-guard in the State of Uttar Pradesh, they cannot be debarred in absence of stipulation made in the advertisement. It is also contended that similarly situated persons had approached this (B Court in CWJC No. 6204 of 1998 again in CWJC No. 10435 of 2000 and this Court vide orders, as contained in Annexure-4 series and 7 series directed the authorities to appoint them on the posts of police constable, as they were found eligible irrespective of the fact that they had undergone training of home-guard in the State of Uttar Pradesh, and the orders passed by this Court were tested in Letters Patent Appeal and LPA No. 532 of 2002 was dismissed by this Court affirming the orders passed by the learned single-Judge. 4. No counter-affidavit has been field on behalf of the respondents. However, it appears from the pleadings of the petitioners that the writ petitioners have filed their representations before the Deputy Inspector General of Police, Central Range, Patna, respondent No. 4, as contained in Annexure-5 series, but the same have not yet been disposed of. 5. Considering the facts and circumstances of the case, respondent No. 4, Deputy Inspector General of Police, Central Range, Patna, is directed to consider and dispose of the representations filed by the petitioners in light of the orders passed by this Court, as referred to above, in accordance with law within a period of six weeks from the date of receipt/production of a copy of this order. 6. With the direction/observation aforesaid, this application is disposed of.