IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2761 of 2011 Hema Sinha Versus The State Of Bihar & Ors. with CWJC No.16461 of 2008 Hema Sinha Versus The State Of Bihar & Ors ----------- 5 19.10.2011 This restoration application is allowed for the reasons mentioned therein and CWJC No. 16461 of 2008 is restored to its original file. This Court as per earlier order is hearing the writ petition on merit. It would be proper to quote the directions of the Supreme Court as it is relevant for the purpose of considering this case which reads as follows: “In the peculiar facts and circumstances of these cases, we direct that the Bihar Staff Selection Commission to hold fresh examination 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.” The order of the Apex Court was passed on 2.2.2011. The petitioner’s case was pending in this Court on 2.2.2011 and, therefore, as per the order of the Supreme Court she would be entitled to appear for the examination and interview. 2 Counsel for the Bihar Staff Selection Commission on the other hand submits that the petitioner can only appear, if her name is in the list of 223 persons as submitted before the Supreme Court by Mr. Ranjit Kumar, learned senior counsel of the Supreme Court. The fact that the petitioner’s name was not included in the list should ordinarily not be a bar as the list was supplied by Mr. Ranjit Kumar, learned senior counsel was on the basis of the instructions that he received from the officers of the State of Bihar. The glaring fact is that on 2.2.2011 the petitioner’s case was pending before this High Court for adjudication. Counsel for the Bihar Staff Selection Commission will take instructions whether the petitioner’s name is included in the list of 223. The petitioner may appear for the examination and interview, if not already held. The result of examination and interview will be subject to the result of this case. List CWJC No. 16461 of 2008 on 30.11.2011. Sanjay (Sheema Ali Khan, J.)