IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16745 of 2008 1. SUJEET KUMAR Son of Shri Ramdev Paswan resident of village Alinagar, PS Sare District Nalanda 2. Sambhu Kumar Pandit Son of Ram Govind Pandit resident of village Manpur PS Haveli Kharagpur District Munger 3. Birendra Kumar Son of Rajeev Ranjan Kumar Resident of Bhagalpur, PS Pero Bazar District Lakhisarai ……..Petitioners Versus 1. THE STATE OF BIHAR 2. The District General-cum-Inspector General of Police, Bihar, Patna 3. Addl. Director General of Police Headquarters Bihar, Patna 4. The Deputy Inspector General of Police Munger 5. The Superintendent of Police Munger-cum-chairman Board No.1 of Constable Appointment, Munger…………… …Respondents ----------- 02- 24.3.2009 Heard Mr. Jagannath Singh for the petitioners, and learned Assistant Counsel to Standing Counsel no.12. The three petitioners have joined this writ petition who were the candidates for appointment as Constable and were not selected. They raise a grievance before this Court that they were really the members of the Schedule Caste but were instead considered as members of the Schedule Tribe as a result of which they could not be selected. It is submitted that the persons below them in the merit list of the category of Schedule Caste have been selected to the exclusion of the petitioners. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. Annexure-7 (at page 30 of the brief) is the representation dt. 22.10.2008, from petitioner no.1 to the Director General of Police, wherein it is stated that petitioner no.1 himself represented in his original application submitted in pursuance of the advertisement that he is a member of Schedule Caste and has althrough been considered accordingly. Secondly, petitioner nos. 2 and 3 seem to belong to the extremely - 2 - back-ward class, and no confusion as to allocation to the appropriate category seems to have arisen. I am informed at the Bar that the appointments have already taken place. It is, therefore, not possible to reopen the matter at this belated stage. 3. The writ petition is accordingly dismissed. ( S K Katriar ) mrl