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Patna High Court

Santosh KumarversusUnion of India

Decided
Disposal
WITHDRAWN

Holding

The court dismissed the application as withdrawn.

Summary

The petitioner, Santosh Kumar, filed a writ petition seeking a mandamus directing the Railway authorities to appoint him as a Constable (Group C) in the Railway Protection Force, alleging that he scored 116.97 marks and was unfairly passed over in favor of lower-scoring candidates. The petition sought any other appropriate reliefs as well. During the hearing, the petitioner's counsel requested permission to withdraw the application. The court considered the request and found no impediment to allowing the withdrawal. Consequently, the application was dismissed as withdrawn.

Issues considered

  • Whether the petitioner may withdraw the writ application after filing it
  • Whether the court should entertain the petitioner's claim of irregularities in the recruitment process

Subjects

  • mandamus
  • writ petition
  • recruitment
  • withdrawal of application
  • Civil Writ Jurisdiction
  • Railway Protection Force

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.593 of 2022
                 ======================================================
                 Santosh Kumar, Son of Sri Shyamanand Prasad, Resident of Village - Bhatu
                 Bigha, P.O. and P.S. Ekangarsarai, District- Nalanda at Biharsharif.

                                                                              ... ... Petitioner/s
                                                      Versus

           1.    Union of India through the Ministry of Railway, Government of India, Rail
                 Bhawan, New Delhi - 11001.
           2.    The Chairman, Central Recruitment Committee / constable, Ministry of
                 Railway, Government of India, Rail Bhawan, New Delhi- 11001.
           3.    The Principal Chief Security Commissioner, E.Co., Railway / Rail Sadan,
                 Bhuwaneshwar- 751017.
           4.    The APIO and ACC / RPF, East Coast Railway, Rail Sadan Samanta Vihar,
                 Bhuwaneshwar- 751017.
           5.    The Director / Secretary, Railway Protection Force and Railway Protection
                 Special Force, Ministry of Railway, Government of India, New Delhi-
                 110001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arjun Prasad, Advocate
                 For the Respondent/s     :      Ms. Kanak Verma, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   23-03-2026                 The petitioner has filed the instant application for the

                   following reliefs :-

                                                  “(I) For issuance of an appropriate
                                        writ in the nature of MANDAMUS, commanding
                                        and directing the Respondent Authorities to
                                        select /appoint the petitioner to the post of
                                        Constable Group "C" in Railway Protection
                                        Force pursuant to the Employment Notice No.
                                        CONSTABLE/RPF-01/2018 on the ground that
                                        the petitioner had got 116.97 marks in the said
                                        recruitment process and several candidates
                                        below the petitioner has been selected by the
            Patna High Court CWJC No.593 of 2022(5) dt.23-03-2026
                                                         2/2




                                         Respondents ignoring the petitioner.
                                                     (II) For issuance of any other
                                         appropriate writ/writs, order /orders, direction/
                                         directions for which the writ petitioner would be
                                         found entitled under the facts and circumstances
                                         of the case.”

                                  2. Learned counsel for the petitioner seeks permission

                      to withdraw this application.

                                  3. In view of the above, the application is dismissed as

                      withdrawn.


                                                         (Partha Sarthy, J)
avinash/-

U


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