High Court Patna High Court - Orders

Md.Belal Ahmad vs The State Of Bihar & Ors on 3 August, 2011

Patna High Court – Orders
Md.Belal Ahmad vs The State Of Bihar & Ors on 3 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Letters Patent Appeal No.1038 of 2011
                                                    In
                              Civil Writ Jurisdiction Case No. 2045 of 2011
                                                   With
                               Interlocutory Application No. 4717 of 2011
               ======================================================
               Md.Belal Ahmad, S/o Md. Dilnawaz Ahmad, Resident of village at
               Babhanaul, P.S.-Dawath, District-Rohtas at Sasaram.
                                                               .... .... Petitioner/Appellant
                                                  Versus
               1. The State of Bihar through the Chief Secretary, Government of
                   Bihar, Patna.
               2. The Home Commissioner, Government of Bihar, Patna.
               3. The Director General -cum-Inspector General of Police, Government
                   of Bihar, Patna.
               4. The D.I.G. Human Rights, Bihar, Patna.
               5. The Inspector General of Police, B.M.P., Government of Bihar, Patna.
               6. The Chairman, Police Selection Committee, Darbhanga Zone.
               7. The Superintendent of Police, Sitamarhi.
               8. The Superintendent of Police, Darbhanga.
               9. The Commandant, B.M.P.-14, Patna.
               10. The Commandant, B.M.P.-5, Patna.
                                                         .... .... Respondents/Respondents
               ======================================================
               Appearance:
               For the Appellant/s      : Mr. Prakash Srivastava, Advocate.
               For the Respondent/s      : Mr. Siddhartha Prasad, AC to AAG 4.
               ======================================================
                CORAM: HONOURABLE THE CHIEF JUSTICE
                       and
                       HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

                ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

5 03-08-2011 Re. Interlocutory Application No. 4717 of 2011:

The delay of one hundred and nine days occurred in
filing the Letters Patent Appeal is condoned.

Interlocutory application stands disposed of.
Re. Letters Patent Appeal No. 1038 of 2011:

Feeling aggrieved by the order dated 3rd February
2011 made by the learned single Judge in above CWJC No. 2045
of 2011, the writ petitioner has preferred the present Appeal under
Clause 10 of the Letters Patent.

Patna High Court LPA No.1038 of 2011 (5) dt.03-08-2011

2

The appellant claims that he was selected for
appointment as Police Constable pursuant to the recruitment
process initiated by Advertisement Nos. 1 of 2004, 2 of 2004 and 3
of 2004. Since then a fresh recruitment process had commenced in
2009 by Advertisement Nos. 1 of 2009 and 2 of 2009.

The appellant filed the above writ petition for relief
to quash the Advertisement Nos. 1 of 2009 and 2 of 2009 for
selection of Police Constables and for the relief that vacancies
advertised in 2009 be filled in by the persons selected pursuant to
2004 recruitment process.

Neither of the aforesaid reliefs can be granted to the
appellant.

The Appeal is dismissed in limine.




                                                      (R.M. Doshit, CJ)


Sujit/-                                        (Birendra Prasad Verma, J)