IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2757 of 2010
1. SUBODH KUMAR SINGH S/O SHIYARAM SINGH R/O VILL HAREL P.S-
MOHIUDDIN NAGAR, DISTT- SAMASTIPUR
2. MANOJ KUMAR S/O LATE BRIJNANDAN SAO R/O VILL- RAJPURA, PO-
HARIDAYACHAK,P.S KALER, DISTT- ARWAL
3. GUDDU KUMAR CHOUDHARY, S/O RAJESHWAR CHOUDHARY R/O VILL
BEDAULIYA, P.S- JANDAHU, DISTT- VAISHALI (HAJIPUR)
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF
BIHAR, PATNA
2. THE D.G.CUM I.G. OF POLICE BIHAR, PATNA
3. THE D.I.G. OF POLICE, SARAN RANGE, CHHAPRA
4. THE S.P.MUZAFFARPUR SRI SUNIL KUMAR CUM CHAIRMAN CONSTABLE
SELECTION COMMITTEE SARAN
5. THE S.P. SARAN
-----------
2/ 26/08/2010 No one appears for the petitioners. Learned
counsel for the State is present.
Petitioners 2 and 3 have not approached this
Court with clean hands when they state at paragraph-16
that they have not approached this Court earlier. The
counter affidavit discloses that they have moved this
Court earlier as one of the petitioners in C.W.J.C.
No.14058/09 which was withdrawn to pursue
departmental remedies.
The application is therefore dismissed in
limine with regard to them.
Insofar as petitioner No.1 is concerned, he
seeks relief under advertisement No.1/04 for
appointment of Constables. He asserts that he got 14
points in the physical test, but does not state that any
person with lesser marks has been appointed.
-2-
Mere availability of vacancies in absence of
any allegations of arbitrariness or discrimination does not
vest a right to appointment unless at least his panel
position has been violated. There is no such allegation in
the application.
The application is dismissed.
KC ( Navin Sinha, J.)