IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11784 of 2010 1. Ajay Yadav S/O Birendra Yadav R/O Bari Milki, P.O.+P.S.- Rajgir, Distt.- Nalanda 2. Subodh Kumar Sundaram S/O Sri Kameshwar Prasad R/O Ashok Nagar, P.O.+P.S.- Rajgir, Distt.- Nalanda Versus 1. The State Of Bihar 2. Principal Secretary, Ministry Of Home, Govt. Of Bihar, Patna 3. Director General Of Police, Bihar, Patna 4. Director General Of Police, Home Guards, Patna 5. Additional Director General Of Police, Home Guard, Distt.- Patna 6. The Commandant, Home Guards, Nalanda 7. The District Magistrate, Nalanda 8. The S.P., Nalanda ---------------------------------- For the Petitioner: Mr. Ashutosh Ranjan Pandey, Advocate For the State: Mr. Amrendra Kumar, AC to GP 8 ------------- 2. 24.11.2011 Heard learned Counsel for the petitioners and the State. The petitioners were applicants under advertisement no. 1 of 2009 for the post of Home Guard. The vacancies were divided into urban and rural areas. While the former had 77 vacancies the latter identified 152.The candidates were required to opt for either the rural or urban area. The petitioners were applicants for the urban area and have not been selected. Their grievance is that applicants for the rural area have wrongly been provided appointment in urban area. A counter affidavit has been filed on behalf of the respondents. It acknowledges that applicants from the rural area have been appointed in urban area. Explaining the reason it states that from their application it was found that they were in fact applicants for the urban area but had wrongly submitted their application at the counter meant for rural area. Some others had done vice versa also. The respondents have enclosed a computerized chart of such erroneous applications 2 identified by them. That the respondents had sought to inform the petitioners with regard to the queries made under the Right to information Act unsuccessfully is not of any relevance. In the nature of the allegations the duties of the respondents was to assist the court properly. They should have first identified such applicants who had submitted their application at the counter meant for rural area but were in fact applicants for urban area. After identifying them the respondents should have set out difference in the criteria required for applicants under the rural area and under the urban area. They should then have highlighted how apparently on the face of it in view of nature of the application and documents submitted as required in the advertisement, the application meant for an urban area fulfilling the requirements for the same only had wrongly been dropped in the counter meant for the rural area and vice versa. That was the proper duty of the respondents in assisting the court. The counter affidavit is completely wanting and leaves the court completely dissatisfied. Rather than to adjourn the matter for a fresh counter affidavit Counsel for the parties are agreed that the application may be disposed with the following directions:- Let the petitioners appear with a copy of the present order before the Commandant, Homer Guard at Nalanda. The respondents shall identify to the petitioners such applicants shifted from rural to urban category along wit6h supporting materials as discussed. The petitioners shall be permitted inspection of the records to satisfy themselves if there were others beyond that pointed out by the respondents. The petitioners shall be permitted to raise oral objection before the Commandant and supplement them in writing with regard to such error that they may find on grounds as discussed in the present order. The Commandant, Home Guard is then required to pass a 3 reasoned and speaking order. Needless to state that if the respondents find justification in the grievance of the petitioners or in any part of the same necessary consequential action would be taken by the Commandant as a follow up measure within a maximum period of eight weeks from the date of receipt and/or production of a copy of this order. In the event that the records of the selection are before the District Magistrate or other competent authority the order shall be applicable to it also. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)