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Patna High Court

Ritesh KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ application was dismissed as withdrawn.

Summary

Petitioner Ritesh Kumar filed a writ petition seeking a mandamus directing the Superintendent of Police, Nawada, to accept his appointment as constable‑driver under the SC category in advertisement No.1/2018, despite medical reports indicating he lacks colour vision but is otherwise fit. The petitioner argued that his visual condition should not disqualify him. Counsel for the petitioner later moved that the matter had become infructuous and requested withdrawal of the application. The Court considered the request and, finding no opposition, allowed the withdrawal. Consequently, the writ application was dismissed as withdrawn.

Issues considered

  • What is the eligibility of a candidate lacking colour vision for the post of constable‑driver under the SC category?
  • Whether a mandamus can be issued to compel the Superintendent of Police to accept the petitioner’s joining despite the medical condition?
  • Whether the petitioner may withdraw the writ application after filing.

Subjects

  • mandamus
  • recruitment
  • police constable
  • disability
  • colour vision
  • withdrawal of writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.12732 of 2021
                 ======================================================
                 Ritesh Kumar, Son of Shambhu Tanti, Resident of Bhattachak, P.O.-
                 Gulnikushaha, Mirsapur, P.S. Shambhuganj, District- Banka, Bihar, 813211.

                                                                                 ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar through the Home Secretary, Government of Bihar, Patna.
           2.    The Director General of Police, Bihar at Patna.
           3.    The Superintendent of Police, Nawada, District- Nawada.
           4.    The Central Selection Council (Constable Appointment), Bihar at Patna
                 through its Chairman, Bihar, Patna.
           5.    The Chairman, Central Selection Council (Constable Appointment), Bihar at
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nikhil Singh, Advocate
                                                  Ms. Kumari Chandani, Advocate
                                                  Mr. Sumeet Kumar Singh, Advocate
                                                  Mr. Kumar Vikram, Advocate
                 For the State            :       Mr. Md. Irshad, AC to SC-1
                 For the CSBC             :       Mr. Sanjay Pandey, Advocate
                                                  Mr. Binod Kumar Mishra, Advocate
                                                  Mr. Vivek Anand Amritesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   05-01-2026                   1. The petitioner has filed the instant application for

                   the following reliefs :-

                                                  “i. That the present writ application
                                        is being filed in the nature of Mandamus for a
                                        direction to the Supt of police, Nawada to accept
                                        the joining of the petitioner on the post of
                                        constable- driver in advertisement No. 1/of 2018
                                        issued     by       the      Cnetral       Selection
                                        Council(Constable         Appointment)      in     the
                                        category-SC; on the ground that the petitioner is
                                        having no colour vision, both the eyes are
            Patna High Court CWJC No.12732 of 2021(3) dt.05-01-2026
                                                       2/2




                                         normal, there are 2 reports given by three
                                         doctors which are proving that the petitioner is
                                         not having any colour vision and the petitioner is
                                         fit;
                                                     ii. And pass any such other order/
                                         orders as this Hon’ble Court deem fit and
                                         proper.”

                                  2. Learned counsel for the petitioner submits that the

                      matter having become infructuous, permission is sought to

                      withdraw this application.

                                  3. In view of the above, the application is dismissed as

                      withdrawn.


                                                    (Partha Sarthy, J)
avinash/-

U


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