IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12263 of 2011 1. Rajesh Kumar Sri Ramnath Singh Balughat near Jangli Mai Ashtan, P.S-Town, P.O- Head Post Office 2. Santosh Kumar Mishra Braj Mohan Mishra C/O Jitendra Jha New Coloney Balughat Road No.-3 Muzaffarpur, Bihar 3. Satyendra Kumar Late Bhuneshwar Choudhary Vill-Surjan Pakri, P.O-Shitalpatti, P.S-Shiby Patti Via Minapur District Muzaffarpur 4. Pritam Kumar Parmanand Kumar Vill-Sahbajpur,P.O- Bhikanpur,P.S-Ahiyapur,Distt-Muzaffarpur 5. Pramod Kumar Baidhyanath Sahni Vill-Rusulpur(Vajid) P.O- Bhikanpur Kothi , P.S-Ahiyapur, Distt-Muzaffarpur 6. Mirtunjay Kumar Sri Maheshwar Pd. Verma Moh.- Akharaghat Road,Behind Sudma Milk Palour Verma Tuit ,Tution Centre Muzaffarpur 7. Sarmendra Kumar Roy Bipin Kalyanpur Bhaya Runi Saidpur, P.S-Aurai,Distt-Muzaffarpur,Bihar 8. Harsh Bardhan Chandra Kishore Singh Moh-Balughat Brahn Asthan Near Suman Kirana Store Muzaffarpur, Bihar 9. Raul Kumar Jai Prakash Tiwari Moh-Berain Niwas Near Of Sri Ram Mandir, Balughat, Muzaffarpur 10. Krishna Kumar Pandey Dinesh Kumar Pandey Vill- Dharampur,P.O-Dharmar,Distt-Bhojpur 11. Mukesh Kumar Rajeshwar Singh Moh-Amma Niwash New Area Sikandarpur Near Prabhat Zarda Factory Muzaffarpur,P.S- Town Muzaffarpur,Distt-Muzaffarpur 12. Sheonandan Sahani Kishundeo Sahni Vill+P.O-Chauki, District-Begusarai 13. Ajit Kumar Kaushal Kishore Bassundhi Moh-New Colony Balughat Muzaffarpur,P.S-Town Muzaffarpur,Distt- Muzaffarpur 14. Mukesh Kumar Ram Kant Prasad C/O Ram Babu Singh Chhatauni Bazar Motihari,P.S-Town Motihari,Distt-East Champaran 15. Sanjay Kumar Srivastava Sri Shambhu Prasad Vill+P.O- Pataura,Lala Tola,P.S-Mufasil Motihari Dist- East Champaran-- ------------------------------------------------Petitioners Versus 1. The State Of Bihar through the Secretary Department Of Home, Patna 2. The Secretary Department of Personal and Administrative Reforms, Govt. Of Bihar, Patna 3. The Director General of Police Bihar, Patna 4. Bihar Staff Selection Commission Bihar, Patna through Its Secretary 5. The Chairman Bihar Staff Selection Commission, Bihar, Patna 6. The Secretary, Bihar Staff Selection Commission, Bihar, Patna ----------------------------Respondents ---------------------------------- 2 2 14.9.2011 Petitioners are the candidates who applied against vacant post for recruitment, which was to be carried out by the State of Bihar. Appointment related to 299 posts of Sub-Inspectors of Police through direct recruitment, which was to be done through what is known as Staff Selection Commission. After selection process writ applications came before the High Court alleging many a things. The issue did not rest at the High Court but travelled to Hon’ble Supreme Court as well. A decision in the case of Arvind Kumar Etc. Etc. vs. State of Bihar and other analogous case came to be rendered on 2.2.2011. This decision is reported in 2011 (3) PLJR 136 (SC). Submission of counsel for the petitioners is that petitioners should be treated in the same fashion as the Hon’ble Supreme Court treated other candidates and even his claim should be considered when a fresh exercise for written and physical tests is held. In the normal circumstances, the Court would have had no difficulty in allowing such a prayer because all similarly situated persons have been given chances after intervention of the Court but there is limitation on this count because of the observation of the Apex Court in para-6 of the said decision. Para-6 of the said decision is quoted herein below: “ In the peculiar facts and circumstances of these cases, we direct the Bihar Staff Selection Commission to hold fresh examinations for the 299 posts of Sub- Inspectors of Police and only the appellants, who were writ petitioners, before the High Court of Judicature at Patna, whose cases were adjudicated upon or are pending before the High Court (total 223 only as per the list given in Court by Mr. Ranjit Kumar, learned Senior Counsel) would be at liberty to appear in the physical and written examinations. “ 3 Petitioners have approached the High Court only after the decision had been rendered by the Hon’ble Supreme Court as writ has been filed on 28.7.2011. As liberty has been granted to limited persons to the dispute as per the observation of the Supreme Court, case of petitioners do not come within the ambit of the said decision. If this writ had been filed prior to passing of the order by the Apex Court, petitioners may have had a case. Any indulgence with regard to the claim of the petitioners will have to come from the Apex Court and not by this Court. Writ therefore is dismissed. Petitioners may approach the Hon’ble Supreme Court on this issue in light of the observation contained in para-6 quoted above. RPS ( Ajay Kumar Tripathi, J.)