IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15653 of 2011 1. Mukesh Kumar Mohan S/oLaxman Rai R/O Village - Dighi Kala East Near Gandhi Asthan, P.O.- Hazipur, P.S.- Hajipur, District - Vaishali 2. Amar Kumar Singh S/O Kishun Prasad Singh R/O Village & P.O.- Mahaddipur, P.S.- Pasraha, District - Khagaria 3. Amar Pratap Singh S/O Vijay Pratap Singh R/O Village & P.O.- Balwa Kuori, P.S.- Hajipur, District - Vaishali 4. Anad Lal Sharma S/O Somari Sharma R/O Village - Pategee Bahadur, P.S.- Asawan, District - Siwan 5. Subodh Kumar S/O Ram Briksh Singh R/O Umesh Cinema Road, Hajipur, Dighi Kala (E), District - Vaishali 6. Kanhaiya Prasad S/O Ramjee Prasad Rai R/O Village - Deshrajpur, P.O. + P.S.- Mahanar, District - Vaishali 7. Uday Kumar Singh S/O Yogendra Singh R/O Village + P.O.- Balwakuari, P.S.- Hajipur Sadar, District - Vaishali 8. Sanjay Kumar Singh S/O Ram Chhabila Kunwar R/O Village- Gaddopur, P.O. + P.S.- Mahua, District - Vaishali 9. Gautam Choudhary S/O Ravi Shankar Choudhary R/O Village - Adalbari West, P.O. + P.S.- Hajipur, District - Vaishali 10. Arun Kumar Yadav S/O Sahdeo Prasad Yadav R/O Village - Harna, P.O. - Rajda, P.S.- Jhajha, District - Jamui 11. Pankaj Kumar S/O Ramanand Sharma R/O Village - Bejha, P.O. + P.S.- Raja Pakar, District - Vaishali 12. Rajeev Kumar Ranjan S/O Late Loknath Rai R/O Village - Karhari, P.S.- Bhagwanpur, District - Vaishali 13. Manoj Kumar Himanshu S/O Ramjee Prasad Yadav R/O Village - Dubiyahi, P.O.- Mathai, P.S. and District – Madhepura 14.Sandesh KUmar Singh, son of Siyaram Singh, resident of village Narayanpur, P.O.Nasharatpur, P.S.Sandesh, District Bhojpur. 15. Jai Prakash Sah, s/o.Tarani Prasad Sah, resident of village Logay, District Godda, Jharkhand. 16.Vijay Shanker Singh, son of Kumar Lalan Singh, resident of village + P.O.Hetampur, P.S.Tiyar, District Bhojpur. 17.Sanjay Kumar Singh, son of Mirtunjay Singh, resident of village + P.O. Hetampur, P.S.Tiyar, District Bhojpur. 18. Niraj Kumar, son of Hari Shankar Chowdhary, resident of village + P.O. Jagdishpur, (Beside Mahila College), P.S.Jagdishpur.District Bhojpur. 19. Sushil Kumar, son of Suresh Prasad, resident of village + P.O.Jagdishpur (Near Police Station), P.S.Jagdishpur, District Bhojpur. 2 20.Sunil Kumar, son of Suresh Prasad, resident of village + P.O.Jagdishpur (Near Thana), P.S.Jagdishpur, District Bhojpur. 21.Rajeev Kumar, son of Sri Siyasharan Prasad, resident of village Tarabigha, P.O.Shankar Dih, District Nalanda. 22.Manoj Kumar Ranjan, S/o.Gagandeo Ram, resident of village Mathanpura, P.O.Pipra (Narayana), District Siwan. Petitioners. Versus 1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 2. The Director General of Police, Govt. of Bihar, Old Secretariat, Patna. 3. The Bihar Staff Selection Commission through its Secretary, Govt. of Bihar, Veterinary College, Patna. 4. The Chairman, Bihar Staff Selection Commission, Govt. of Bihar, Veterinary College, Patna. Respondents. ----------- 02 14.09.2011 This matter relates to the appointment of Sub Inspectors in Bihar Police. It appears that similarly situated persons had approached this Court earlier which matter ultimately travelled upto the Hon’ble Supreme Court and was disposed of by order dated 2.2.2011 passed in Civil Appeal Nos.1240-1241 of 2011 (arising out of SLP Nos.,20279-20280 of 2009 with analogous cases in the following terms :- “ In the peculiar facts and circumstances of these cases, we direct the Bihar Staff Selection Commission to hold fresh examinations for the 299 posts of Sub Inspectors of Police and only the appellants who were writ petitioners before the High Court of Judicature at Patna, whose cases 3 were adjudicated upon or are pending before the High Court (total 223 only as per the list given in Court by Mr.Ranjit Kumar, learned Senior Counsel) would be at liberty to appear in the physical and written examinations.” The present writ petitioners have approached this Court with a prayer that their cases may also be considered and they be allowed to participate in the fresh examination pursuant to Advertisement No.0511 for filling up the remaining 76 posts (i.e. 299 posts - 223 candidates) candidates. It transpires that the Court in CWJC No.8869 of 2011(Purna Pratap Singh Vrs. The State of Bihar & ors.) after taking into consideration the aforesaid directions of the Hon’ble Supreme Court, has passed the following order dated 20.07.2011 in a subsequent case in circumstances similar to those of the petitioners case::- “Petitioner has approached the High Court only after the decision had been rendered by the Hon’ble Supreme Court writ has been filed on 16.5.2011. As liberty has been granted to limited persons to the dispute as per the observation of the Supreme Court, case of petitioner does not come within the ambit of the said decision. If this writ had been filed prior to passing of the order by the Apex Court, 4 petitioner may have had a case. Any indulgence with regard to the claim of the petitioner will have to come from the Apex Court and not by this Court. Writ therefore is dismissed. Petitioner may approach the Hon’ble Supreme Court on this issue in light of the observation contained in para 6 quoted above.” With consent of the parties, this writ petition is disposed of in line with the said decision of this Court dated 20.7.2011 passed in CWJC No.8869 of 2011 aforesaid. (Vikash Jain,J.) Chandran