Patna High Court
Lal Babu RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner did not meet the required minimum marks and the selection decision was lawful.
Summary
The petitioner, a Scheduled Caste candidate, applied for a constable driver post and cleared the written, physical, and driving tests. However, he scored 32.25 marks in the Driving Efficiency Test, below the minimum required 33.5 marks for his category, and below the cut‑off of 39 marks set for the last selected candidate. He filed a writ of certiorari seeking a fresh driving test and a reserved seat until the petition is decided. The respondents argued that the statutory minimum marks were not met, justifying his non‑selection. The court examined the advertisement criteria and the petitioner’s scores, concluded that the eligibility threshold was not satisfied, and found no merit in the writ. Consequently, the petition was dismissed.
Issues considered
- Whether the petitioner, despite scoring below the stipulated minimum marks, is entitled to a fresh driving test examination.
- Whether the respondents are obligated to reserve a seat for the petitioner pending disposal of the writ.
- Whether the writ of certiorari is maintainable to set aside the selection decision.
Subjects
- reservation
- Scheduled Caste
- public service recruitment
- driving test
- minimum qualifying marks
- writ of certiorari
- selection process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1504 of 2022
======================================================
Lal Babu Ram Son of Awadh Bihari Ram, Village - Ear, P.S. - Agiawan Bajar,
District - Bhojpur at Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Govt. of Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Patna.
3. The Inspector General of Police, Govt. of Bihar, Patna.
4. The Chairman, Central Selection Board of Constable, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Deep Shikha, Advocate
For the State : Ms. Shalini, AC to GP- 5
For the CSBC : Mr. Sanjay Pandey, Advocate
Mr. Binod Kumar Mishra, Advocate
Mr. Vivek Anand Amritesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 23-03-2026
Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following prayers:
“1. i. For issuance of writ
in the nature of certiorari directing
and commanding the respondents to
organize a fresh driving test
examination with regard to the
petitioner having Roll No.
Patna High Court CWJC No.1504 of 2022 dt.23-03-2026
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7710140306.
ii. For also directing and
commanding the respondents to keep
one seat reserve for SC category for
the petitioner till disposal of the
present writ petition.
iii. For any other relief or
reliefs for which the petitioner is
found entitled in the facts and
circumstances of the case.”
3. The case of the petitioner in brief is that the
petitioner belongs to the scheduled caste category. On the
respondent Central Selection Board (Constable) coming out
with advertisement on 29.11.2019 for appointment of driver
(constable), the petitioner being eligible in all respects applied
for the same. He participated in the written examination held on
14.10.2020 and having qualified, he appeared for the physical
eligibility test on 24.11.2021. Having qualified in the physical
eligibility test also, the petitioner appeared in the driving test
examination and completed all the five types of driving test.
4. Not having been finally selected, aggrieved by
the result, the petitioner has moved this Court in the instant writ
application for the prayer as stated herein above.
5. It is submitted by learned counsel for the
petitioner that the petitioner is meritorious and a very good
Patna High Court CWJC No.1504 of 2022 dt.23-03-2026
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driver. There is no reason why he should not have been selected.
It is further submitted that against the required minimum marks
of 33.5, the petitioner having performed well in the test he
should have been selected.
6. The application is opposed by learned counsel
for the respondents. It is submitted that from perusal of the
advertisement itself it would transpire that the minimum marks
that a scheduled caste candidate is required to secure in the
Driving Efficiency Test is 33.5 whereas the petitioner has
secured only 32.25, which is below the required minimum
marks. Further so far as appointment is concerned, in the
category of the petitioner, the cut off mark of the last selected
candidate is 39.
7. Having heard learned counsel for the parties and
having perused the contents of the petition, in view of the
statements made in the counter affidavit filed on behalf of
respondent no.4, while the minimum eligibility marks in the
driving efficiency test for the petitioner’s category i.e. of
scheduled caste being 33.5 and the marks of last selected
candidate being 39, as against the same, the petitioner having
secured only 32.25 marks, he was rightly not selected by the
respondents.
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8. The Court finds no merit in the instant writ
application and the same is dismissed.
(Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.3.2026
Transmission Date NA
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