IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11956 of 2003 BALIRAM THAKUR, Son of Lal Thakur, resident of Village+P.S. Muraitha, P.S. Jalle, District Darbhanga (aged 40 Years). Versus 1.THE STATE OF BIHAR 2.The Director General and Inspector General of Police, Bihar, Patna. 3.The Deputy Inspector General of police, Bihar Military Police, Central Command, Patna. 4.The Commandant, B.M.P.-16, Phulwarisharif, Patna. ----------- 5 18/1/2010 Heard Mr. Ganesh Prasad Singh, learned counsel appearing on behalf of the petitioner and counsel for the State. With respect to the following prayer- “That this is an application for issuance of a writ in the nature of Certiorari to quash the office order no.928/2002 dated 26.6.2002, issued under the signature of the Commandant, B.M.P.-16, Phulwarisharif, Patna, vide his memo no.1050 dated 26.6.2002, whereby and whereunder the petitioner has been removed from service on the ground that he did not fulfill the criteria for the appointment to the post of constable in the Bihar Military Police and further to quash memo no. 422 dated 7.8..2003, issued under the signature of the D.I.G. Military Police, Central Command Patna, which has been communicated to the petitioner vide memo no.543 dated 15.3.2003 of the Commandant, whereby and whereunder the appeal of the petitioner has been rejected by the Deputy Inspector General of Police and further to quash memo no.1393 dated 30.7.2003, issued under the signature of the Director General and Inspector General of Police, Bihar, Patna, which has been communicated to the petitioner vide memo no.142 dated 6.8.2003 by the Commandant of B.M.P. whereby and whereunder the memorial preferred by the petitioner has been rejected and further for issuance of a 2 consequential writ in the nature of mandamus directing and commanding the respondent- authorities to reinstate the petitioner with all consequential benefits and for issuance of an appropriate writ, order or direction, for which the petitioner may be found legally entitled to in the facts and circumstances stated hereunder”, Counsel could not dispute the fact that the petitioner was a discharged employee of Indian Army and while discharging him, the medical category mentioned therein have shown him “BEE (Permit)”, but then due to inadvertence earlier certificate issued has been shown “AYE”. The respondents therefore having appointed the petitioner provisionally on the basis of such incorrect medical certificate of the Army and having been later on forwarded the correct medical certificate on 22nd April, 2002 vide Annexure-C to the counter affidavit, had little option but to hold that the petitioner had not possessed the requisite qualification as laid down in the advertisement, i.e. the medical category “AYE”. Once this court has reached to such conclusion, the result of thereof is also inevitable and the petitioner’s prayer for being taken back in service by quashing the two orders passed by the authorities has to be essentially rejected in view of the admitted fact that the petitioner was not having specified medical category. That being so no error was committed by the 3 authorities in removing the petitioner from service and therefore this writ application being wholly misconceived is, accordingly, dismissed. Abhay Kumar (Mihir Kumar Jha, J.)