Patna High Court
Mayank AsmitversusThe Indira Gandhi Institute of Medical Sciences,
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJ KUMAR
Holding
The Court directed the respondent to consider the petitioner’s representation for Home Guard recruitment within six weeks.
Summary
The petitioner, Subhadra Kumari, filed a writ petition seeking a direction that the State of Bihar consider her for appointment in the Home Guard recruitment, asserting that she has no criminal antecedents and was acquitted in a criminal case. She had earlier submitted a representation on 04.05.2026 to the District Magistrate, Sheikhpura, requesting inclusion in the selection process. The petitioner argued that the acquittal should remove any disqualification and that the authorities must act on her representation. The Court examined the representation and the petitioner’s claim of entitlement to be considered for recruitment. It directed the respondent (the Commandant, Bihar Home Guard Head Quarters) to consider and decide on the representation within six weeks, and disposed of the application with these observations.
Issues considered
- Whether a petitioner acquitted of criminal charges is entitled to be considered for appointment in the Home Guard recruitment.
- Whether the authorities are obligated to act on a representation seeking inclusion in the selection process after acquittal.
Subjects
- Home Guard recruitment
- criminal acquittal
- appointment
- representation
- public grievance
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8523 of 2026
======================================================
Subhadra Kumari Wife of Ishwar Dhadhi, Resident of Village - Mehus, Police
Station - Mehus, District- Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Ministry of Home
Affairs, Government of Bihar, Patna.
2. The Divisional Commandant, Affairs (Department), Government of Bihar,
Patna.
3. The Commandant, Bihar Home Guard Head Quarters, Patna.
4. The District Commandant, Bihar Home Guard, Sheikhpura.
5. The District Magistrate, Sheikhpura.
6. The Nodal Officer, Public Grievance, Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Adv.
For the Respondent/s : Ms. Binita Singh, Adv. SC. 28
Mr. Ujjawal Bhushan, AC to SC-28.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
2 22-06-2026 1. Heard the learned counsel for the petitioner and the
learned counsel for the respondents/State.
2. Learned counsel for the petitioner has sought a
direction commanding the respondents to consider his
appointment in the Home Guard Recruitment, having no
criminal antecedent and for further direction to consider his
representation dated 04.05.2026 in the light of his acquittal in
the criminal case.
3. At the outset, learned counsel for the petitioner
submits that he has already filed a representation dated
04.05.2026 before the District Magistrate, Sheikhpura
Patna High Court CWJC No.8523 of 2026(2) dt.22-06-2026
2/2
(respondent No. 5), after acquittal in the criminal case making
his grievance stating therein that he should be included in the
selection process and eventually be appointed.
4. In the aforesaid background of the facts, the
concerned Respondent No. 3 is directed to consider and decide
his representation within a period of six weeks from today.
5. The application stand disposed of with the above
said observations.
(Raj Kumar, J)
Nirmal/-
U
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