Patna High Court
Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that selection criteria are a policy matter and cannot be altered by judicial intervention, leading to the disposal of the petition.
Summary
The petitioner, Vinod Kumar, filed a writ petition seeking a mandamus directing the State of Bihar to relax the physical proficiency criteria for Home Guard recruitment in Bhojpur district, citing an 18‑year delay since Advertisement No. 1/2006. He argued that the delay had made the original criteria unduly restrictive for candidates who were fit at the time of the advertisement. The State contended that the selection criteria constitute a policy matter applicable uniformly to all candidates and cannot be altered by the court. The High Court examined whether a court can intervene in administrative policy concerning recruitment standards. It held that fixing selection criteria is a policy decision and the court must not interfere, thereby disposing of the petition.
Issues considered
- Whether the High Court can issue a mandamus directing the State to modify the physical proficiency criteria for Home Guard recruitment, which is a policy matter.
Subjects
- writ petition
- mandamus
- policy matter
- selection criteria
- Home Guards
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8726 of 2024
======================================================
Vinod Kumar son of Late Ramadhar Ram, resident of village- Nahsi, P.O.-
Bagwan, P.S.- Garhani, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Home
Department, Bihar, Patna.
2. Additional Chief Secretary, Home Department, Bihar, Patna.
3. Deputy Secretary, Home Department, Bihar, Patna.
4. Director General-cum-Commandant General, Home Guards, Bihar, Patna.
5. District Magistrate, Bhojpur.
6. Superintendent of Police, Bhojpur.
7. District Commandant, Bihar Home Guards, Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harshvardhan Shivsundaram, Advocate
For the State : Mr. Ramadhar Singh (GP-25)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for issuance
of appropriate direction, order or writ in the nature of
Mandamus commanding the respondents to consider for
minimizing the physical proficiency criteria in the selection
process of Home Guards in Bhojpur district pursuant to
Advertisement No. 1/2006 taking into account the growing age
of the candidates due to inordinate delay of about 18 years in
selection process, so that required number of candidates could
be selected and enrolled against the advertised vacancies.
3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.8726 of 2024(2) dt.05-02-2026
2/2
petitioner has appeared in the Advertisement No. 1 of 2006. He
submits that at the time of advertisement, he was fully fit and
competent to be appointed. But, due to lapse on the part of the
government, the appointment could not be taken place. Counsel
submits that he has filed writ petition bearing C.W.J.C. No.
3743 of 2023, then only the selection process has been initiated.
Counsel submits that with the span of time, the petitioner wants
relaxation in the selection criteria.
4. Learned counsel for the State, on the other hand,
submits that it is a policy matter and policy is applicable upon
all the persons who appeared in the said examination process,
and it cannot be changed.
5. In this view of the matter, this Court is of the firm
view that fixing criteria for selection to any post is essentially a
policy matter, and therefore, this Court restrains itself from
altering such policy. Hence, this writ petition stands disposed
off.
(Dr. Anshuman, J)
Divyansh/-
U
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