IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9382 of 2009 1. SANTOSH KUMAR, SON OF SRI BRAHMDEV SINGH RESIDENT OF VILLAGE EKDAR, P.S. BRAHMPUR, DISTRICT BUXAR. 2. GANESH OJHA, SON OF SRI ASHKRIT OJHA RESIDENT OF VILLAGE UMEDPUR, P.S. BRAHMPUR, DISTRICT BUXAR. 3. BHARAT BHUSHAN OJHA, SON OF SRI SHYAMA NAND OJHA, RESIDENT OFVILLAGE JAWAHIN JAGDISHPUR, P.S. BRAHMPUR, DISTRICT BUXAR------PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF INDIA. 2. D.G. CUM I.G. OF POLICE, BIHAR, PATNA. 3. I.G., B.M.P., UTTARI MANDAL, BIHAR, PATNA. 4. D.I.G.B.M.P., UTTARI MANDAL, MUZAFFARPUR. 5. COMMANDENT B.M.P.11(PREVIOUSLY B.M.P.-22) JAMUI. 6. SRI SUNIL KUMAR JHA, SON OF NOT KNOWN, CHAIRMAN CONSTABLE SELECTION BOARD, B.M.P. UTTARI MANDAL BOARD NO.2 PRESENTLY DIG, PURNIA RANGE, PURNIA. 7. D.I.G. HUMAN RIGHTS BIHAR, PATNA------RESPONDETNS. ----------- 02. 07.08.2009 Learned counsel for the State has filed counter affidavit, which is taken on record. 2. Heard learned counsel for the petitioners and the State. 3. Petitioners were the applicant for the post of Constable pursuant to Advertisement No. 03/2004 issued for appointment of Constables in B.M.P.-22 at Jamui. It is submitted on their behalf that they having participated in the physical test have competed the same successfully but are not being called for verification of their certificates and testimonials. 4. In reply, learned counsel for the State with reference to the averments made in the counter affidavit separately filed on behalf of respondent nos.5 and 6 states that petitioners were not included in the merit list published initially but later on account of non-joining of others another merit list was published and they were called for verification of their testimonials but they never appeared and their - 2 - case at this belated stage should not be considered as the copy of the writ petition was served in the office of Advocate General on 23.1.2009 but was filed in this Court on 6.8.2009. 5. Having heard counsel for the parties as also having perused the averments made in the two separate counter affidavit, I deem it expedient to direct the petitioners to appear before the Chairman of the Selection Board where they had participated in the selection process and file representation before him stating their grievance. The Chairman of the Selection Board shall be obliged to consider the representation of the petitioners and pass appropriate order in accordance with law as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)