Research › Search › Judgment

Patna High Court · body

2022 DIGILAW 8 (PAT)

Sudhir Kumar Gupta S/o-Rajkumar Gupta v. State of Bihar through the Chief Secretary, Government of Bihar, Patna

2022-01-04

P.B.BAJANTHRI

body2022
JUDGMENT : The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic. 2. In the instant petition, petitioners have prayed for following reliefs: “That the present writ application for the issuance of an appropriate writ in the nature of certiorari or an appropriate, writ/writs, order/orders, direction/directions for the following reliefs: A. For commanding the respondents to quash the merit list of Bihar Police Sub Inspector published on 17.06.2021 as contained in Annexure 8 series against advertisement No. 01/2019 Combined Examination to the post of Police Sub Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment). Assistant Superintend Jail (Ex-Servicemen) conducted by Bihar Police Sub-ordinate Service Commission mainly on the reason candidates belonging from General Category who were declared successful in Combined Mains Examination after scoring the cut off score 75.8%, have not been declared successful despite the cut score in the Final Merit list of General Category has been reduced by 0.8% meaning thereby the Final Merit list has not been published in an arbitrary manner after ousting the meritorious candidates which is in utter violation of Article 14 of the Constitution of India. B. Also for commanding the respondents to disclose the reason for not declaring successful to the petitioners despite scoring more than the cut off score published by the Bihar Police Sub-ordinate Service Commission on 17.06.2021. C. To hold and declare any appointment made on the basis of result dated 17.06.2021 as contained in Annexure 8 series of the writ application during the pendency of the writ application is void, illegal, bad-in-law and violation of Article 14 and 16 of Constitution of India. D. To hold & declare nondisclosure of score obtained by the petitioners in the Final Merit List under the Right to Information Act, 2005 is void, non-transparent, unfair, not free from doubt and violation of Article 19 of the Constitution of India. E. Also commanding the respondent no. 4 to 7 to declare the petitioners successful against advertisement no. No. 01/2019 as contained in Annexure 1 for the post of Police Sub Inspector, Sergeant, Assistant - Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen). F. Also commanding the respondent no. 4 to 7 to recommend the name of the petitioners for appointment to the advertised post against the advertisement as contained in Annexure 1. No. 01/2019 as contained in Annexure 1 for the post of Police Sub Inspector, Sergeant, Assistant - Superintendent Jail (Direct Recruitment), Assistant Superintendent Jail (Ex-Servicemen). F. Also commanding the respondent no. 4 to 7 to recommend the name of the petitioners for appointment to the advertised post against the advertisement as contained in Annexure 1. G. Also commanding the state respondents to give consequential service benefits including seniority considering merit of the petitioners after appointment. H. Also necessary relief/reliefs, order/orders, direction/directions, which the petitioners are entitled in the eye of law.” 3. Learned counsel for the petitioners have not arrayed such of those persons whose names are reflected in the impugned merit list dated 17.06.2021 (Annexure-8 series) pursuant to the advertisement no. 01/2019 to the post of Police Sub-Inspector, Sergeant, Assistant Superintendent Jail (Direct Recruitment), Assistant Superintend Jail (Ex-Servicemen), in the result, present petition stands dismissed for non-joinder of necessary and proper party at least in the representative capacity, reserving liberty to the petitioners to file fresh petition.