IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4787 of 2007 1. ARJUN RAI, SON OF SRI MUNSHI RAI, RESIDENT OF VILLAGE MEENAPUR P.S. BALIYA BALON DIST. KATIHAR. 2. HIRA LAL RAI SON OF DAULAT RAI RESIDENT OF VILLAGE MUKARIYA P.S. AZAMNAGAR DISTRICT KATIHAR. 3. BIRAJ KUMAR RAI, SON OF GAURI SHARAN RAI, RESIDENT OF VILLAGE CHOUGHARA P.S. BARSOI, DISTRICT KATIHAR. 4. ASWANI KUMAR RAI SON OF SRI JAGADISH RAI, RESIDENT OF VILLAGE MEENAPUR P.S. BALIYA BALON DISTRICT KATIHAR. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY HOME (POLICE) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 4. THE DIRECTOR GENERAL CUM COMMANDANT GENERAL HOME GUARDS, BIHAR, PATNA. 5. D.I.G., HUMAN RIGHTS, BIHAR, PATNA. 6. COMMANDANT BIHAR HOME GUARDS HEAD QUARTERS PATNA. 7. THE DISTRICT COMMMANDANT HOME GUARDS KATIHAR ---------------------------------- 02. 15.10.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners are the Homeguards. They have filed this writ petition for a direction to the State respondents to regularize their services as Constable on the ground that they also discharged the same duties which a Constable does. I regret not to accept such submission for the simple reason that Constables are appointed in the light of the Indian Police Act and the Police Manual, whereas Homeguards are appointed as per the provisions of the Bihar Homeguards Act and the Rules framed thereunder. 2 The nature of duties entrusted to the Constables and the Homeguards including the mode of appointment are also different. In the circumstances, petitioners cannot be regularized as Constables. They may apply for appointment as Constable in the Homeguards category. The writ petition is, accordingly, dismissed. Rajesh/ ( V. N. Sinha, J.)