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Patna High Court

Munna Kumar PandeyversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition was dismissed for non‑prosecution as the petitioner failed to appear on three consecutive dates.

Summary

Munna Kumar Pandey filed a writ petition challenging the result of the Excise Constable recruitment, seeking its quash and demanding that 25% of the 831 vacancies be reserved for trained Home Guard and ex‑servicemen, with the remainder to be filled as per recruitment rules. The petition also requested that any unfilled posts be filled from the ex‑servicemen quota or direct recruits. No counsel appeared on behalf of the petitioner on three successive hearing dates (14‑11‑2024, 05‑08‑2025, and 05‑01‑2026). Consequently, the High Court dismissed the writ petition for non‑prosecution, without addressing the substantive claims. The order was pronounced by Justice Partha Sarthy.

Subjects

  • recruitment
  • reservation
  • writ petition
  • non‑prosecution
  • excise constable
  • home guard
  • ex‑servicemen

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1517 of 2017
                 ======================================================
                 Munna Kumar Pandey, Son of Sri Niwas Pandey, Resident of village -
                 Kothuan Khanethi, P.O. + P.S. -Karaghar, District - Rohtas

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Department of Registration, Excise and Prohibition,
                 Government of Bihar, Patna
           3.    The Director, Excise Department, Government of Bihar, Patna
           4.    The Central Selection Board (Constable Recruitment) through its Chairman,
                 Sri Sai Tara Complex, IAS Colony, Jawaharlal Nehru Marg, Patna
           5.    The Chairman, Central Selection Board (Constable Recruitment), Sri Sai
                 Tara Complex, IAS Colony, Jawaharlal Nehru Marg, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the State          :      Mr. Vikash Jha, AC to GA-9
                 For the C.S.B.C.       :      Mr. Sanjay Pandey, Advocate
                                               Mr. Binod Kumar Mishra, Advocate
                                               Mr. Vivek Anand Amritesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   05-01-2026                   No one appears for the petitioner. Learned counsel for

                   respondent-Central Selection Board (Constable Recruitment) is

                   present.

                                 2. The petitioner has filed the instant application for

                   the following relief(s):-

                                “(i) That the result for the post of Excise
                                     constable published by Central Selection
                                     Board (Constable Recruitment) dated
                                     15.12.2016 contained in annexure-4 may be
                                     quashed being in complete violation Rules.
                                (ii) That the respondents may be directed to
                                     provide 25% of the total posts of Excise
           Patna High Court CWJC No.1517 of 2017(5) dt.05-01-2026
                                                       2/2




                                       constable i.e. 204 posts to the trained Home
                                       Guard and 25% of the total post of Excise
                                       constable i.e. 204 posts to Ex-Serviceman
                                       out of total 831 vacant seats under
                                       advertisement no. 1/2015 contained in
                                       annexure-2.
                                 (iii) That the respondents may be directed to fill
                                       up the remaining vacant posts of Excise
                                       Constable from Ex-Serviceman quota from
                                       amongst the trained Home Guard, and only
                                       in the case of their non availability of
                                       trained Home guards those posts may be
                                       filled up from Direct Recruits in terms of
                                       rule 6(4) of the Recruitment Rules.
                                 (iv) That any other relief or reliefs may be
                                       allowed which will be just, proper and
                                       equitable on the opinion of this Hon’ble
                                       court.”


                                 3. No one appeared on behalf of the petitioner on

                     14.11.2024 as also on 5.8.2025.

                                 4. As no one appears on behalf of the petitioner on the

                     third consecutive date, the writ petition is dismissed for non-

                     prosecution.



                                                (Partha Sarthy, J)
P.K.P./-

U


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