IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.958 of 2010 1. PRINCE KUMAR, S/O SURESH PASWAN, R/O MOHALLA - TOPKHANA BAZAR (KATGHAR), P.S. KOTWALI, DISTRICT- MUNGER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE CHAIRMAN, SHAHABAD REGIONAL BOARD NO. 1 CUM SUPERINTENDENT OF POLICE (SECURITY), BIHAR,PATNA. 4. THE SUPERINTENDENT OF POLICE, BHOJPUR AT ARA. ----------- 03. 27.06.2011 This Court vide its order dated 24.06.2011 directed the State Counsel to produce the record. Instead of producing the record, two counter affidavits dated 27.06.2011 (Today) have been filed. The counter affidavit filed by Respondent No.4, the S.P., Bhojpur at Ara, in Paras-4, 5, 6 & 8 the following statements have been made are quoted as under: “4. That it is stated that after medical Board on 08.11.2007 the petitioner remained absent at the time of photo verification along with others which was fixed on 12.11.2007. A letter vide S.P. Bhojpur Memo No.96/RO dated 07.01.2008 addressed to the Chairman, Constable Appointment Committee, Shahabad Range board No.1 had been requested to call again the absented Candidates. 5. That in Reply, the Chairman, Constable Selection Board Shahabad Range Board no. CUM Suptd. (O) Bihar, Patna vide his letter no. 09/appointed, dt. 31/01/2008 Sent Instruction to the then Police Suptd. Bhojpur to take proper decision for appointment and to inform him about the action taken, but no 2 communication for appointment has been made so far as a result of appointment of candidate has not been done. Thereafter the petitioner had filed C.W.J.C. No. 13/2010. The said C.W.J.C. had been dismissed by the Hon’ble High Court, Patna due to close of process of appointment. 6. That however, in this connection, a letter vide No. 1992/RO dt. 25.06.2011 had been sent to DGP Bihar, Patna for Guidelines. 8. That it is further stated that photo verification was to be done according to instructions issued by the Chairman, Constable Appointment Committee, Shahbad Range Board No.1 vide his memo No. 771/appointment dt. 30.01.2007.” Perusal of above these paras show that the matter of fixation of a date for photo verification is still under consideration in respect of the petitioner and other similarly situated candidates. Communications are being made by one Officer to other but despite the direction as stated in Para-5 of the counter affidavit, given by the Chairman, Constable Appointment Committee, Shahabad Range Board No.1 vide his letter dated 31.01.2008, directing the S.P., Bhojpur has not fixed the date for photo verification. Thus, in view of the statement made above the S.P., Bhojpur is directed to fix a date within a month, which shall be duly communicated to the appellant petitioner along with other 3 similarly situated candidates so that they may appear and their photo verification shall be done and further process of selection of their appointment shall be completed within a period of one month. With the above observation, this appeal is disposed of. Mkr. ( Prakash Chandra Verma, J. ) (Aditya Kumar Trivedi, J.)