High Court Patna High Court - Orders

Sri Dharmendra Kumar Singh vs The Union Of India & Ors on 11 August, 2011

Patna High Court – Orders
Sri Dharmendra Kumar Singh vs The Union Of India & Ors on 11 August, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Civil Writ Jurisdiction Case No.1691 of 2011
               Sri Dharmendra Kumar Singh, s/o- Agam Prasad Singh, r/o- Bata
               Rampur, P.O.- Mananpur, P.s.- Chanan (Ettaun), District-
               Lakhisarai.
                                                                ........ Petitioner
                                                 Versus
               1. The Union Of India through the Director General of Police,
                   Group Centre, C.R.P.F., Lodhi Road, New Delhi.
               2. The Director General of Police, Group Centre, C.R.P.F.,
                   Imphal, Manipur.
               3. The Inspector General, C.R.P.F., Administration Imphal
                   (Manipur).
               4. The D.I.G.P, Group Centre, C.R.P.F. Imphal (Manipur).
               5. The Commandant, G.C. C.R.P.F., Imphal, (Manipur).
                                                                ............ Respondents
                                     ----------------------------------

4 11.08.2011 Heard Mr. Abdul Manan for the petitioner and Mr.

Ahsan, learned Assistant Solicitor General for the respondent

Union.

Petitioner assails the order dated 9.10.2010

(Annexure-3) issued by Deputy Inspector General, Group Centre,

C.R.P.F., Imphal (Manipur) whereby he was informed about his

termination of his service on the ground that the certificate

produced from Bihar Sanskrit Siksha Board was not recognized

by the Central Government and as such he was ineligible for the

post.

It appears from the pleadings on record including

Annexure-1 that the selection process was conducted in Imphal

(Manipur). The impugned order was also passed and served on

the petitioner in Imphal (Manipur) as apparent from Annexure-3.

Under the circumstances, this Court, prima facie, shall

not have territorial jurisdiction to entertain this application.

Mr. Ahsan, learned Assistant Solicitor General submits
2

that the Central Government by virtue of a notification published

in the Gazette of India on 22.7.2010 amended certain provisions

of the Central Reserve Police Force Act, 1949 whereby the

certificate issued by the Bihar Sanskrit Siksha board, having

been recognized by the concerned State Government, was

accepted for the purpose of consideration of educational

qualification/eligibility of a candidate for the post of Constable

(G.D.).

Mr. Manan, learned counsel for the petitioner, submits

that petitioner may be permitted to make appropriate

representation in the light of the said facts before the appropriate

authority.

Considering the said stand taken by the petitioner, Mr.

Ahsan does not object disposal of the application in the aforesaid

term.

Having heard the parties and on a consideration of the

materials on record, this Court is persuaded to dispose of the

application by the following order:

Petitioner is at liberty to file appropriate representation

before respondent No. 4 ( D.I.G.P, Group Centre, C.R.P.F.,

Imphal (Manipur). If any such application is filed, needless to

observe that the said respondent shall consider and dispose of

the same in accordance with law within a reasonable period of

time.

pkj                             ( Kishore K. Mandal, J.)