High CourtsDivision Bench(2022) 08 PAT CK 0068

Vashist Narayan Kumar vs State Of Bihar

Patna High Court · Decided on 22 August 2022

HON’BLE JUDGES
P. B. Bajanthri, J · Rajiv Roy, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 1271 Of 2019 In Civil Writ Jurisdiction Case No. 12527 Of 2018

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 379 words
1.

Heard learned counsels for the parties.

2.

The appellant has assailed the order of the learned Single Judge dated 30.07.2019 passed in C.W.J.C. No. 12525 of 2018. The appellant is a candidate for the recruitment to the post of Constable pursuant to Advertisement No. 01 of 2017 for selection and appointment to the post of Constable under the Bihar Military Police. The appellant has claimed under Scheduled Caste category.

3.

The appellant was not selected for two reasons namely there were certain deficiencies in the date of birth mentioned in the matriculation certificate read with application form to the extent it is 08.12.1997 or 18.12.1997. Further, it is noticed that the appellant’s candidature has been rejected vide Annexure – 5 to the C.W.J.C. No. 12527 of 2018 which reads as under:

“Central Selection Board of Constable Shri Sai Tara Complex, I.A.S. Colony, Bailey Road, Patna – 801503, Bihar

Your Result Status

Your Roll Number Details.

Roll Number : 7715070021

Result Status: Fail in PET/Doc. Verification

08- Dec-1997”

4.

In this backdrop, the appellant should have sought for quashing of the aforesaid Annexure - 5 and further sought for a direction to the concerned selecting and appointing authority to reconsider his candidature and to include his name in the final select list. In the absence of the aforesaid reliefs, the appellant has only sought for a direction to appoint him to the post of Constable with reference to the contention that it is only a typographical error in the matriculation certificate read with application form relating to date of birth as 08.12.1997 or 18.12.1997 which could be rectified. Even assuming that date of birth mentioned in matriculation certificate read with application form is only a typographical error even otherwise appellant has not questioned Annexure - 5 stated supra and further he has not sought for a direction to include his name in the final select list so as to consider his claim for appointment. For seeking mandamus one must establish his statutory right that his name is reflected in the final select list. In the absence of these ingredients, the appellant has not made out a case so as to interfere with the impugned order dated 30.07.2019 passed in C.W.J.C. No. 12527 of 2018.

5.

Accordingly, appeal stands dismissed.