IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13735 of 2011 1. Manish Mall @ Manish Kumar Mall S/O Ravi Bhushan Mall Ravi Petrolium Narkatiaganj, West Champaran 2. Manoranjan Kumar S/O Tukar Singh R/O Vill.- Terhi That, P.S.O- Jhauganj, Patnacity, Distt.- Patna 3. Shashi Kuamr Bhagat S/O Vijay Bhagat R/O Chirouri, Via Chausa, Distt.- Madhepura 4. Poresh Kumar Das S/O Arun Kumar Das R/O Vill.- Kanjia, P.O.- Angar Hat, Distt.- Purnea 5. Ranvijay Kumar Singh S/O Rameshwar Singh R/O Dhrampura, P.O.- Dhrampura, Distt.- Chhapra 6. Kamlesh Yadav S/O Ram Carash Yadav R/O Vill.- Bahtra Ghat, P.O.- Bhatra Ghat, Via Bisfi, Distt.- Madhubani 7. Sanjay Kumar Singh S/O Ravindar Prasad Singh R/O Vill.- Balthi, Meheshpur, P.O.- Balthi, Maheshpur Via A.G. Bazar, Distt.- Katihar 8. Nilesh Kuamr Singh S/O Umesh Prasad Singh R/O Krishnapatti, P.O.- Jamui, Distt.- Jamui 9. Pawan Kumar Singh S/O Ashok Kumar Singh R/O Vill.- Singhia-2, P.O.- Singhia-2, Distt.- Samastipur 10. Rupesh Kuamr S/O Surya Narayan Prasad Yadav B.N.R. Road, P.O.- Gulzarbagh, Patna 11. Ritesh Kumar S/O Surya Narayan Prasad Yadav B.N.R. Road, P.O.- Gulzarbagh, Patna 12. Reetesh Ranjan S/O Nagesh Kumar Cyber Hut, B.N.R. Road, P.O.- Gulzarbagh, Patna 13. Roshan Kumar Singh S/O Ashok Kumar Singh R/O Vill.- Ratan, P.O.- Ratan, Distt.- Khagaria 14. Rana Jee S/O Uday Shankar Singh R/O Vill.- Anchha, P.O.- Anchha, Distt.- Aurangabad 15. Sundhanshu Kumar S/O Ravindra Nath Msihra R/O Vill.- Kishun Nagar, P.O.- Kanti, Distt.- Muzaffarpur 16. Niraj Kuamr Sinh S/O Harishankar Singh R/O Vill.- Jigna Gopal, P.O.- Jigna Jagarnath, Distt.- Gopalganj 17. Manoj Kumar Singh S/O Ram Pratap Singh R/O Vill.- Chandi, P.O.- Harauli, P.S.- Hajipur, Distt.- Vaishali 18. Abhay Singh S/O Ram Krishna Singh R/O Vill.- Bihdgauna, P.O.- Bandhu Chhapra, Distt.- Bhojpur 19. Manish Shrivastava S/O Alte Madan Shrivastava C/O Dr. Sachidanand, House No.- 157, Justice Rajkishore Path, New Area, Kadamkuan, Patna 20. Prabhakar Kumar Jha S/O Indra Nand Jha C/O Ashok Thakur, Bharti Blcok, Kazipur, Naya Toal, Patna 21. Santosh Kuamr Bhagat S/O Mahendra Prasad Bhagat R/O Bhawanipur Rajdham, P.O.- Bhawanipur Rajdhan, Distt.- Purnea 22. Bijay Kumar Singh S/O Govind Prasad Singh L.I.G House No.- 1/25 Hanuman Nagar, Kanakrbagh, Patna 23. Satyendra Kumar S/O Yogendra Ram R/O Vill.- Siswa, P.O.- Roari, P.S.- Shikarpur, Distt.- West Champaran 24. Kumar Abhishek S/O Suman Kuamr Pandey Purani Gudari, Mahavir Chowk, Bettiah, West Champaran 2 25. Viaksh Kumar Alok S/O Sri Vidyanand Arya At Post Dothia Bazar, Distt.- Katihar-----------------------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 Thru Its Secretary Govt. Of Bihar, Veterinary College, Patna 4. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna -----------------------------------------Respondents ---------------------------------- 2 30.8.2011 Petitioners are the candidates who applied against vacant post for recruitment, which was to be carried out by the State of Bihar. Appointment related to 299 posts of Sub-Inspectors of Police through direct recruitment, which was to be done through what is known as Staff Selection Commission. After selection process writ applications came before the High Court alleging many a things. The issue did not rest at the High Court but travelled to Hon’ble Supreme Court as well. A decision in the case of Arvind Kumar Etc. Etc. vs. State of Bihar and other analogous case came to be rendered on 2.2.2011. This decision is reported in 2011 (3) PLJR 136 (SC). Submission of the counsel for the petitioners is that petitioners should be treated in the same fashion as the Hon’ble Supreme Court treated other candidates and even his claim should be considered when a fresh exercise for written and physical tests is held. In the normal circumstances, the Court would have had no difficulty in allowing such a prayer because all similarly situated persons have been given chances after intervention of the Court but there is a limitation on this count because of the observation of the Apex Court in para-6 of the said decision. Para-6 of the said decision 3 is quoted hereinbelow: “ In the peculiar facts and circumstance 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 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.” Petitioners have approached the High Court only after the decision had been rendered by the Hon’ble Supreme Court as writ has been filed on 19.8.2011. As liberty has been granted to limited persons to the dispute as per the observation of the Supreme Court, case of petitioners do 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, petitioners may have had a case. Any indulgence with regard to the claim of the petitioners will have to come from the Apex Court and not by this Court. Writ therefore is dismissed. Petitioners may approach the Hon’ble Supreme Court on this issue in light of the observation contained in para-6 quoted above. RPS ( Ajay Kumar Tripathi, J.)