IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.432 of 2009 1. SIDHNATH SHARMA, S/O KAPILDEOSHARMA, 2. DHANANJAY KUMAR, S/O SRI TARKESHWAR SINGH, BOTH R/O VILLAGE & P.S. NADAWAN, P.S. DHANARUA, DISTRICT-PATNA. -APPELLANTS Versus 1. THE STATE OF BIHAR THROUGH THE HOME SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. DIRECTOR GENERAL CUM INSPECTOR GENERAL OF POLICE, BIHAR, OLD SECRETARIAT, PATNA. 3. DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, PATNA. 4. SENIOR SUPERINTENDENT OF POLICE, PATNA. 5. GOPAL KUMAR SINGH, S/O BIR ABHIMANY SINGH, R/O VILLAGE- UDAYABIGHA, P.S. SILAO, DISTRICT- NALANDA. 6. RAM NARESH SINGH, S/O SRI RAM SEVAK SINGH, R/O VILLAGE-CHAMARPUR, P.S. LAHPUR, DISTRICT-BHOJPUR. 7. VIJAY KUMAR SINGH, S/O SRI BHAGWAN SINGH, R/O VILLAGE-PAKARI, P.S. BIHIA,DISTRICT- BHOJPUR. 8. BIRENDRA KUMAR SHARMA, S/O UMESH SHARMA, R/O VILLAGE-KAPASHYAMA,P.S. HILSA, DISTRICT- NALANDA. 9. RAM NARAYAN SINGH, S/O RAGHUPATI SINGH, R/O VILLAGE –BAKHORAPUR, P.S. BADAHARA, DISTRICT-BHOJPUR. 10. RAMUDIT SHARMA, S/O GANGARAM, R/O VILLAGE SARTHUA, P.S. KASHICHAK, DISTRICT-NAWADAH. 11. UMESH KUMAR SINGH, S/O VISHWANATH SINGH, R/O VILLAGE-PAKARI, P.S. BIHIA, AND DISTRICT- BHOJPUR. 12. SUBODH KUMAR, S/O KAMESHWAR SINGH, R/O VILLAGE-CHAURASI, P.S. KARAIPARSURAI, DSTRICT-NALANDA. 13. LALAN KUMAR JHA, S/O GORAKH SINGH, R/O VILLAGE MANSI (KHATIYA), P.S. MANSI, DISTRICT-KHAGARIA. 14. KAMLESH SINGH, S/O GORAKH SINGH, R/O VILLAGE- SAWAR, P.S. KARMCHAR, DISTRICT-KAIMUR (BHABHUA). -RESPONDENTS 2 For the Appellants : M/s Dr.K.N. Singh, Partha Sarthy, & Manish Kumar For the State : Mr. Satish Narain Singh, A.C. to G.A.3 3 29.04.2009 Petitioners applied for the post of constable in pursuance of the notification published on 27.8.1998. Qualification for appointment was fixed as follows: “(i) Educational qualification- minimum seventh pass, (ii) Age:- on 1.10.98 for general candidates 19 to 35 years of age. (iii) Height – 165 Cm. for general candidates. (iv) Chest- 81 Cm. for general candidates. It was also indicated in the above advertisement that selection will be made on the basis of written and physical tests.’ It is the case of the writ petitioners that even though petitioners were found eligible for physical test, they were not appointed whereas private respondents no.5 to 14 were appointed. It is the further case of the petitioners that they were of lesser height than the requisite height fixed. If the private respondents were not appointed, writ petitioners could get a chance to be appointed which is lost. The learned Judge found that the height for general category was higher than that of the private respondents who were Home guards and 50% seats were reserved for Home guards and for them 3 relaxation of height were considered. In any event the learned Judge found that 50% of the vacancies in the post of constable in Bihar Police were reserved for Home Guards but even for that 50% post reserved for the Home Guards, the required reservation for various groups and castes such as scheduled castes, scheduled tribes etc. are given. The records were called for and the learned single Judge found that there was nothing wrong in the selection. As per Annexure-A dated 22.1.1990, 50% of the vacancies in the post of constable in Bihar Police were decided to be filled up by Home Guards. In any event, we are not sitting in appeal to judge the correctness of the selection process. In the facts and circumstances of the case, we see no ground to interfere with the impugned judgment. The appeal is, accordingly, dismissed. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad 4