Patna High Court
Munna Kumar PandeyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
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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