IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1430 of 2005 In (CIVIL WRIT JURISDICTION CASE 13557/2001) 01. Yogendra Prasad Yadav, S/o Late Shital Pd. Yadav, resident of village-Akbar Nagar East Tola, P.S.-Akbar Nagar, District-Bhagalpur 02. Rama Nand Singh, S/o Late Borhan Singh, resident of village-Kheraiya, P.S.- Akbar Nagar, District- Bhagalpur 03. Md. Imtyaz, S/o Md. Mohsin, Resident of Mohalla- Kazichak, P.S.- Mujahidpur, District-Bhagalpur ….. Petitioners-Appellants Versus 01. The State Of Bihar 02. The Inspector General, Prison, Government of Bihar, Patna 03. The Jail Superintendent, Special Central Jail, Bhagalpur ….. Respondents-Respondents For the Petitioners:- Mr. Hare Krishna Kr. Singh, Mr. Santosh Kr. Singh & Mr. Arvind Ujjawal, S.C.-25, Advocates For the State:- Mr. M.N Roy, AC to SC-25 ---------------------------------- 09. 12.10.2011 The present appeal has been filed against the order dated 05.09.2005 passed by the learned Single Judge in C.W.J.C. No. 13557 of 2001. The appellants were aggrieved by the order passed vide Memo No. 791 dated 26.04.1998 Annexure-8 whereby the services of the appellants have been terminated on the ground that they did not qualify in the selection process. From perusal of the order, it goes to show that on the earlier occasion also the appellants have 2 approached this Court when their services were terminated by the concerned authority, but however this Court directed the official respondents to consider their cases. Against such order the Government has preferred an appeal and during pendency of the Appeal in pursuance of the order of this Court the appellants were allowed to join afresh and accordingly they have joined, but however they could not make themselves qualified in the selection test and therefore their services were again terminated which is the subject matter of the present writ petition in the L.P.A. It is also further contended by counsel for the appellants being the writ petitioners that a representation has been made by them in pursuance of the order passed by a Division Bench of this Court in L.P.A. No. 1152 of 1997 which has been disposed off by the official respondents without assigning any reason. The learned Single Judge did not agree with the contention of the appellants herein and has observed that the appellants cannot be appointed on the post of Jail Warder when they have failed in the selection process and also considered Rule 271 of Bihar Jail Manual. Even though we agree on the point of law 3 with the learned Single Judge, but we are of the opinion that as the appellants were appointed temporarily on the earlier point of time and allowed to continue sometime, and contention has been raised by learned senior counsel before us that the appellants were asked to run 1.75 Kilometer instead of 01 Kilometer and they failed in the selection test, but we are not inclined to go into merit of such contention. This Court is not supposed to dwell upon merits on the question of fact under 226 of the constitution as it is for the authority to consider the same. After hearing the Government Pleader, we are of the opinion that an opportunity can be afforded to the appellants herein to make a fresh representation to the I.G. Prisoner (respondent no.2) extracting the relief sought in the present Appeal and the same has to be considered in accordance with law. It is also further contended before us that the appellants now have become over-age and the respondent no.2 may be directed to consider their case after giving opportunity of age relaxation. However, we are not inclined to accept such contention. It is for the authority to consider the same in accordance with law within a period of six 4 months from the date of receipt/production of a copy of this order. With the above modification in the order of the learned Single Judge this L.P.A. stands disposed off. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)