IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3680 of 2009
MD. GHULAM SHAHBAZ ALAM
Versus
THE STATE OF BIHAR & ORS.
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07/ 18.03.2011 Heard learned counsel for the parties.
2. In the light of my order dated 10.3.2011,
opposite party no.3 has filed supplementary show cause
stating that petitioner herein having not been
recommended by the Bihar Staff Selection Commission,
Patna (hereinafter referred to as the Commission), has not
been appointed on the post of Sub-Inspector of Police
pursuant to Advertisement No. 704/2004. In this
connection, he referred to the order dated 11.12.2009
passed by the Director General of Police, bearing Memo
No. 6210 dated 11.12.2009, Annexure-C to the show
cause filed on behalf of opposite party no.3, whereunder it
has been stated that petitioner having secured lesser marks
than the last person appointed pursuant to Advertisement
No. 704/2004, cannot be appointed on the post of Sub-
Inspector of Police. While passing order, bearing Memo
No. 6210 dated 11.12.2009, Annexure-C to the show
cause filed on behalf of opposite party no.3, the Director
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General of Police, Bihar has not noticed the averments
made in the counter affidavit of the State filed in L.P.A.
No. 150 of 2009 (Chandan Kumar & another Vrs. The
State of Bihar & Ors.). In paragraphs 10, 11 and 12 of the
said counter affidavit, it was categorically stated that re-
evaluation resulted in fresh merit list of 1510 candidates
containing 160 fresh candidates, who were not included in
the earlier merit list published prior to the re-evaluation.
Interest of 160 candidates selected earlier, who were not
included in the new merit list prepared after re-evaluation,
is required to be protected, as many of them left their other
option of job, failed to join elsewhere and did not apply
for other jobs.
3. It is submitted on behalf of the petitioner that
out of 160 candidates, who were included in the earlier
merit list but did not find place in the subsequent merit list
prepared after re-evaluation, 159 have already been
appointed. Petitioner is the only candidate out of those 160
candidates who has not been given offer of appointment in
the light of the averments made in paragraphs 10,11 and
12 of the counter affidavit filed in L.P.A. No. 150 of 2009.
It may be stated here that Chandan Kumar filed the
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aforesaid L.P.A. before this Court for direction to the
State-respondents not to exceed the vacancies notified
under advertisement no. 704/2004 (1510) by including 639
vacancies for filling up in the same transaction and in
response to the prayer of Chandan Kumar, the State
submitted before the High Court that in order to
accommodate 160 candidates who have not found place in
the subsequent merit list prepared after re-evaluation, 639
vacancies are required to be included. When such
statement was made by the State-respondents in the
aforesaid L.P.A. filed by Chandan Kumar, at that stage the
State-respondents including the Commission should have
undertaken comprehensive calculation in order to ascertain
as to how many vacancies are required to be included in
the exercise for accommodating all the 160 candidates.
The Officers of the Home (Police) Department and the
Commission having failed in their duty to calculate the
required number of vacancies and having made statement
before the High Court in the said L.P.A. filed by Chandan
Kumar, cannot be allowed to go back from the stand
which they have already taken to accommodate all the 160
candidates, who have not found place in the subsequent
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merit list.
4. Accordingly, I grant one more opportunity to
the State-respondents i.e. the authorities of the Home
(Police) Department, Home Commissioner as also to the
Director General of Police, Bihar and the Chairman of the
Commission to comply their own undertaking submitted
before this Court in the appeal filed by Chandan Kumar to
accommodate all the 160 left over candidates, failing
which they should appear before this Court on 30.3.2011.
5. Put up this matter on 30.3.2011 maintaining
its position under the same heading.
Arjun/ ( V. N. Sinha, J.)