IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5571 of 2007 Bihar Raksha Wahini Swem Sevek Sangh through its General Secretary, Sri Sudeshwar Prasad, S/o Late Ram Jatan Prasad, Resident of village- Karai, P.S.- Naubatpur, District Patna …. Petitioner Versus 1. The State Of Bihar Through The Chief Secretary, Government of Bihar, Patna 2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna 3. The Home Commissioner-cum- Secretary, Government of Bihar, Patna 4. The Director General of Police, Bihar, Patna … …. Respondents ---------------------------------- For the Petitioner :Mr. Mahendra Prasad Gupta, Advocate For the State :Mr. Ashok Kumar Dubey, A.C. to AAG-4 03/ 11.11.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is the Union of the Home Guards serving in the State. Earlier, the Union had filed C.W.J.C. No. 10833 of 2004 praying, inter alia, to direct the authorities of the State Government to consider the request of the petitioner- Union for appointment of Home Guards as Constable in the Bihar Police to the extent of 50% of the total vacancies available for appointment as Constable. Aforesaid writ petition was disposed of by the Division Bench of this Court under order dated 2 10.9.2004, Annexure-9 granting liberty to the petitioner- Union to represent the matter before the Director General and Inspector General of Police, Bihar, Patna. In compliance of the order of the High Court dated 10.9.2004, Annexure-9, petitioner-Union represented before the Director General of Police, Bihar, Patna under representation dated 29.9.2004, copy whereof is contained in Annexure-10 to this petition. Aforesaid representation of the petitioner- Union has been considered by the Director General of Police, Bihar, Patna under order, bearing Memo No. 6127 dated 25.11.2006, Annexure-11 and rejected observing with reference to the directions of the Division Bench of the High Court contained in order dated 15.7.2005 passed in C.W.J.C. No. 3825 of 2000 and other analogous matters not to continue the appointment process pursuant to Advertisement No. 1/98 for indefinite period. Perusal of the order dated 25.11.2006, Annexure-11 does not indicate that authorities ever considered the request of the petitioner- Union to appoint Home Guards against 50% of the vacancies of the Constable. 3 3. Order dated 25.11.2006, Annexure-11 rejecting the representation of the petitioner- Union does not deal with the submission noted by the Division Bench of the High Court in its order dated 10.9.2004, Annexure-9. 4. In the circumstances, I have no option but to quash the order dated 25.11.2006, Annexure- 11, which is, accordingly, quashed directing the Director General-cum- Inspector General of Police, Bihar, Patna to ensure that as and when appointment on the post of Constable is made, Home Guards are considered for such appointment to the extent of the reservation meant for them in the Bihar Police Manual after applying norms of fitness and selection meant for the Home Guards. 5. The writ petition stands disposed of. Arjun/ ( V. N. Sinha, J.)