Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The writ application was dismissed as withdrawn.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 Consequently, the writ application was dismissed as withdrawn.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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