Patna High Court

Alok KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court held that the petitioner must first file a representation before the Chairman, CSBC, and the petition was disposed pending that representation.

Summary

Alok Kumar, having qualified in the selection process for the post of Constable under Advertisement No.01/2023, filed a writ petition seeking a mandamus directing his appointment. The State argued that the petitioner had not filed a representation before the competent authority, which is a prerequisite for such relief. The Court held that the petitioner must first file a representation before the Chairman of the Central Selection Board of Constable (CSBC) and that the Board must decide the matter within a stipulated period. Accordingly, the Court directed the petitioner to file the representation within 30 days and the CSBC to issue a reasoned order within 90 days of receipt. The writ petition was thereafter disposed.

Issues considered

What is the appropriate remedy when a candidate qualified in a police constable selection process is not appointed?
Whether a writ of mandamus can be issued without the petitioner first filing a representation before the competent authority?

Subjects

writ of mandamus
appointment
police constable
representation
administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5290 of 2026
                 ======================================================
                 Alok Kumar son of Jitendra Kumar Singh, Resident of Village-Anand Golwa,
                 Ward No.14, P.S.-Mohiuddin Nagar, District-Samastipur, Pincode-848501.

                                                                         ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Additional Chief Secretary, General
                 Administrative Department (GAD), Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.
           3.    Director General of Police, Bihar Government Patna.
           4.    The Chairman, Central Selection Board of Constable (CSBC), Bihar, Sadar
                 Patel Bhawan 6th Floor, Block-A/626, Jawaharlal Nehru Marg, Patna-
                 800023
           5.    The Officer in Special Duty, Central Selection Board of Constable (CSBC),
                 Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Amit Kumar, Advocate
                                              Mr. Asit Kumar Jha, Advocate
                 For the Respondent/s   :     Mr.
                 For C.S.B.C.           :     Mr. Sanjay Pandey, Advocate
                                              Mr. Binod Kumar Mishra, Advocate
                                              Mr. Vivek Anand Amritesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   09-04-2026                  Heard learned counsel appearing for the petitioner and

                   learned counsel appearing for the State.

                                2. The present writ petition has been filed seeking a

                   direction upon the concerned authorities to appoint the

                   petitioner to the post of Constable in the Bihar Police.

                                3. Learned counsel for the petitioner submits that, in

                   pursuance of Advertisement No. 01/2023, the petitioner

                   participated in the selection process and, despite having

                   qualified in all the requisite examinations for the post of
            Patna High Court CWJC No.5290 of 2026(2) dt.09-04-2026
                                                        2/2




                      Constable, he has not been appointed to the said post.

                                  4. Learned counsel for the State submits that the

                      petitioner has approached this Hon’ble Court seeking issuance

                      of a writ of mandamus; however, no representation has been

                      filed before the competent authority. It is further submitted that

                      the petitioner may be directed to file a representation before the

                      competent authority for redressal of his grievance.

                                  5. In the aforesaid background, the petitioner is

                      directed to file a representation before respondent No. 4,

                      namely, the Chairman, Central Selection Board of Constable,

                      Bihar along with a copy of this order, within 30 days from

                      today. Upon receipt of the representation, the respondent no.4, is

                      directed to take a decision on the said representation within 90

                      days from the date of its filing, with a reasoned and speaking

                      order.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U

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