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Patna High Court

Subhadra KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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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