Patna High Court
Akhilesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The writ petition is dismissed as the petitioner has no enforceable right to appointment under the completed recruitment process.
Summary
The petitioner, Akhilesh Kumar Singh, filed a writ petition seeking his appointment as Constable, claiming he had passed the physical test for the 2004 recruitment advertised by the Bihar Police. He argued that despite passing, no result or appointment was communicated. The respondents relied on earlier court directions in LPA No. 831 of 2009 and the Ajay Kumar case, which limited further appointments to the remaining 507 vacancies and required filling them on merit within six months. The State showed that 478 of the 507 posts had already been filled and the remaining 29 could not be filled due to lack of eligible candidates. The court examined whether the petitioner could claim a right to appointment under the earlier orders and found that the recruitment process had been completed in accordance with the court’s directions. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether the petitioner is entitled to appointment as Constable based on his alleged success in the physical test under the 2004 recruitment.
- Whether the directions issued in LPA No. 831 of 2009 and the Ajay Kumar judgment obligate the respondents to appoint the petitioner despite the remaining vacancies being unfilled due to lack of candidates.
- Whether the petitioner can invoke the court‑directed merit‑based filling of the 507 vacancies to obtain appointment.
Subjects
- recruitment
- public service appointment
- writ petition
- reservation
- vacancies
- selection process
- court directions
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17950 of 2023
======================================================
Akhilesh Kumar Singh Son of Bachu Singh Resident of Village- Chanda,
P.S.- Athmalgola, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Senior Superintendent of Police, Bihar, Patna.
4. The Superintendent of Police, Bihar, Patna.
5. The Superintendent of Police, Nalanda.
6. The Superintendent of Police, Darbhanga.
7. The Superintendent of Police, Samastipur.
8. The Superintendent of Police, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lal Babu Singh, Advocate
For the Respondent/s : Mr. Md. Irshad, AC to SC-1
: Mr. Md. Harun Quairaishi, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 13-02-2026
Heard the parties.
2. The present writ petition has been filed for
commanding the respondent authorities to appoint/select the
petitioner on the post of Constable, as he is a successful
candidate in the physical test and fulfills the eligibility criteria.
3. The learned counsel for the petitioner submits that
vide advertisement no. 01/2004, applications were invited from
eligible candidates for being appointed to the post of Constables
in District Police for all the districts within the State of Bihar
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and the total number of vacancies advertised was 5742. The
petitioner being eligible for the aforesaid post submitted his
application and thereafter an advertisement was published in
Hindi daily newspaper Dainik Jagran on 19.03.2016, disclosing
that the physical test measurement along with Roll Number Was
provided in the advertisement. The petitioner appeared in the
physical test and was declared pass but the result was never
published nor any individual communication was made in this
regard. It is the case of the petitioner that despite having passed
the examination, the petitioner has not been appointed till date.
4. A counter affidavit has been filed on behalf of the
respondent no.2 wherein it has been stated that against the order
passed by this Court in C.W.J.C. No. 5230 of 2009, LPA No.
831 of 2009 was filed and the said LPA was heard by a Division
Bench of this Court and vide order dated 28.06.2011 passed in
the said LPA i.e. LPA No. 831 of 2009 and its analogues cases, a
direction was issued which is quoted hereinbelow:-
"We think it proper to give a
direction to the Chief Secretary,
State of Bihar, for issuance of
direction to the Director General
of Police to ascertain the actual
number of vacancies available on
Patna High Court CWJC No.17950 of 2023 dt.13-02-2026
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the date of publication of
Advertisements of the year 2004
and also prepare a fresh list of
the candidates who were
declared eligible after the
regular recruitment process and
the same shall be considered in
accordance with Rules. The
entire process shall be completed
within a period of six months
from the date of receipt of a copy
of this order."
5. Subsequently, vide order dated 29.04.2013
passed in C.W.J.C. No. 126 of 2013, certain directions were
given in view of order dated 28.06.2011 passed in LPA No. 831
of 2009. The said directions are quoted hereinbelow:-
(i) "The Prayer of the petitioner
for being appointed on the post of
Constable on the basis of process
of selection undertaken in terms of
Advertisement Nos. 01/2004,
02/2004 and 03/2004 has to be
considered only against 507 post
of constable as identified by the
respondents in the supplementary
counter affidavit in as much as
now only 507 post alone shall be
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filled up on the basis of
Advertisement Nos. 01/2004,
02/2004 and 03/2004 by the
respective Recruitment Board from
amongst the candidates who had
appeared in such selection and
were also declared eligible and
successful in all respect.
(ii) Each Recruitment Board
will notify the breakup number of
507 vacancies already filled up or
sought to be filled up and the
cutoff marks of the respective
category on which the
appointments have been or will be
made pursuant to the directions of
the Division Bench in the case of
Ajay Kumar (Supra). This exercise
must be completed by Chairman of
respective Recruitment Board
within a period of one month from
the date or receipt of this order.
(iii) Any of the applicant who has
participated in the selection
process of Advertisement No-
01/2004, 02/2004and03/2004and
had been declared eligible and
successful, on finding himself to be
eligible on the basis of marks
secured by him earlier pursuant to
the earlier selection made in terms
of those Advertisement Nos.
01/2004, 02/2004 and 03/2004 and
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also discovered from the aforesaid
notification of the respective
recruitment Board that anyone in
his/her category having either the
same marks or less than him or her
has been appointed against 348
posts after 28.06.2011 in terms of
the directions given by this Court
in the case of Ajay Kumar (Supra)
will be at liberty to file his
representation to the Chairman of
the respective Recruitment Board
within a period of one month from
the date of issuance of the
notification of the concerned
Recruitment Board giving full
details of his claim for such
appointment and those
representations will be disposed of
by a speaking order by the
Chairman of the respective
Recruitment Board within a period
of three months from the date of
receipt of such representation.
(iv) Such consideration by the
Chairman of the Recruitment
Board will be however confined
only to fresh appointment to be
made on those507posts in terms of
the direction given by the Division
Bench in the case of Ajay Kumar
(Supra). In others words, the
earlier appointment made prior to
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28.06.2011, the date on which
Division Bench of this Court had
issued directions in the case of
Ajay Kumar (Supra), on the basis
of Advertisement Nos. 01/2004,
02/2004 and 03/2004 as well as
Advertisement Nos. 01/2009,
02/2009in respective
districts/Battalions shall not be
reopened,
(v) The exercise of filling up
remaining of 507 posts of
Constables, out of which 348
appointments have already been
made, must be completed strictly
on merit within a period of six
months from today and thereafter
any of the 507vacancies which
could not be filled up on account
of non-availability of the
candidates of the respective
category will be filled up only on
the basis of a fresh advertisement."
6. It has further been submitted by the learned
counsel for the State that in compliance of the direction/order of
this Court dated 28.06.2011 passed in LPA No. 831 of 2009,
details regarding the number of vacancies available with respect
to Advertisement Nos. 01/2004, 02/2004 and 03/2004 was
collected from all the district/units. Total 10474 vacancies were
published vide Advertisement Nos. 01/2004, 02/2004 and
Patna High Court CWJC No.17950 of 2023 dt.13-02-2026
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03/2004 for the appointment to the post of Constable. 9113
candidates were appointed to the post of Constable before the
order of the Hon'ble High Court in L.P.A. No-831/2009. No
applications were received against 57 posts. 797 vacancies were
carried forward and appointment to these posts were made
through fresh advertisement. It is pertinent to mention here that
vacancies of 797 posts were carried forward and appointment to
these posts have been made through the advertisement published
in the year 2009 and that these posts were advertised prior to the
issuance of the direction of Division Bench passed on
28.06.2011. Consequently, a total number of 507 vacancies
[10474 (9113+57+797) = 507] were reported as available from
different district/units. Out of these 507 vacancies, 478
candidates were appointed in compliance of the order of the
Hon'ble High Court by constituting thirteen new Constable
Recruitment Boards, whereas candidates were not available
against 29 posts in their respective category as per the
reservation roster. As per report of the concerned Constable
Recruitment Boards, the present position of the appointment to
the post of constable against 507 vacancies with respect to
Advertisement Nos. 01/2004, 02/2004 and 03/2004 is as follows
:-
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S.N. Districts/Unit Total No. Vacanc No. of Total
s of ies candidates
vacancies filled not
w.r.t. up available in
Adv. No. different
01/04, categories
02/04 &
03/04
1 2 3 4 5 6
1 Madhubani 07 07 07
2 Nawada 11 09 02(ST) 11
3 Aurangabad 01 01(ST 01
4 Munger 45 45 45
5 Jamui 11 11 11
6 Sheikhpura 09 08 01(ST) 09
7 Lakhisarai 04 04 04
8 Bhojpur 96 96 96
9 Chapra 13 13 13
10 Siwan 15 14 01 (BC-W) 15
11. Darbhanga 12 12 12
12 Samastipur 02 02 02
13 Muzaffarpur 28 28 28
14 Sitamarhi 02 01 01(ST) 02
15 Motihari 09 09 09
16 Patna 13 13 13
17 B.M.P.-9, 35 34 01(ST) 35
Jamalpur
18 B.M.P.-10, 02 02(BC-W) 02
Patna
19 B.M.P.-8, 02 02(BC-W) 02
Begusarai
20 B.M.P.-11, 152 148 04 (03-BC- 152
Jamui W & 01-
ST)
21 B.M.P.-4, 38 24 14 (13-BC- 38
Dumraon W & 01-
Patna High Court CWJC No.17950 of 2023 dt.13-02-2026
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ST)
Total 507 478 29 507
It is clear from the aforesaid facts that 478 candidates have been
recruited against 507 vacancies with respect to Advertisement
Nos. 01/2004, 02/2004 and 03/2004. 29 vacant posts could not
be filled due to the non-availability of candidates in the
respective category as per reservation roster.
7. It has further been submitted by the learned
counsel for the State that C.W.J.C. No. 6995 of 2019 was filed
before this Court and the same was disposed of vide order dated
19.07.2024 passed by a learned Division Bench of this Court
with directions/observations/considerations contained in
paragraph no.6 to 18 and after taking note of all the judgments
passed by the Hon’ble Supreme Court of India and different co-
ordinate Benches of this Court, the matter was finally closed.
8. After having heard the parties and after going
through the documents on record, I find no merit in the present
writ petition and the same is dismissed accordingly.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date NA
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