IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7371 of 2011 Sunil Kumar SON OF SRI RAMJIVAN RAM RESIDENT OF VILLAGE BHAGWANPUR, P.S. SADAR, MUZAFFARPUR. Versus 1. The State Of Bihar 2. THE HOME SECRETARY, GOVT. OF BIHAR, PTNA. 3. THE DIRECTOR GENERAL OF POLICE, BIAHR, PATNA. 4. DEPUTY INSPECTOR GENERAL (PERSONNEL), BIHAR, PATNA 5. THE A.D.C. CUM DIRECTOR, BIHAR POLICE ACADEMNY, PATNA. ----------- For the Petitioner :- Mr. Binod Kumar For the State :- Mr. S. Raza Ahmad, AAG IX & Mr. Vishwambhar Prasad, A.C. to AAG IX ----- 4 28/06/2011 Heard learned counsel for the petitioner and learned counsel for the State. This is the second visit of the petitioner to the High Court. In this writ application the speaking order passed by the Deputy Inspector General of Police (Personnel), Patna is under challenge. Petitioner is one of the persons who was selected on the post of Sub Inspector of Police in a recruitment process carried out by the state. There were many protracted litigations against such selection and orders came to be passed by the High Court. All those selected candidates were directed to report to Nath Nagar Police - 2 - Training Centre positively by the specified date which was 01.07.2009. Petitioner did not report and, therefore, petitioner’s post was considered to be a case of non- joining and it was counted as a vacancy to be filled up by future appointments to be made by the State. They were bound to fill up all such posts which became vacant as there were many a claimants from the first round of litigation against such appointments. On 10.03.2010 petitioner surfaced with an application stating that since he was suffering from jaundice he could not report for training and the authority should condone his non-reporting in the above stated circumstance and accept his joining. The respondents refused to adhere to the request of the petitioner and, therefore, he approached the High Court. High Court disposed of the matter with a direction to the respondents to consider his case and it is in this background that annexure-11 came to be issued rejecting the claim of the petitioner. Learned counsel for the petitioner tried to make out a case of discrimination. He submits that one Vandana Kumari, in similar circumstance, was allowed - 3 - to join but the petitioner has been ousted for no apparent reason which violates Article 14 of the Constitution of India. Case of Vandana Kumari has also been discussed in the speaking order contained in annexure-11. It has been further explained in detail in the counter affidavit as well as supplementary counter affidavit filed on behalf of the respondents State. Obviously, the two facts and issues are distinguishable and mere assertion of discrimination may not be good enough to allow the petitioner similar benefit. If the petitioner was serious about his joining the post and if he was prevented by jaundice, then there was incumbent duty on him to inform the authorities about his illness with supporting materials indicating his inability to report by a particular date. It cannot be his case that he had freedom to wait for ten months to decide, report, claim and demand joining on the post as a matter of right. Since there was pressure upon the respondent authorities to fill up the posts by virtue of several directions issued by the High Court, then obviously, the respondents did nothing wrong by treating - 4 - the case of the petitioner as a case of non joining and including that vacancy to be made available for other successful candidates. Things are amiss and un-explained as to the long gap. Petitioner has only tried to cover up his lapses for non reporting by producing or procuring all kinds of certificate of a Doctor who is not even a government Doctor of a government institution of recognition. Whatever the petitioner did, he did it to his own peril and the Court, in the circumstances, cannot come to his rescue. In view of the above, this writ application is dismissed as no case for a direction is made out now to accept his joining and send him for training. AMIN/ (Ajay Kumar Tripathi, J.)