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Patna High Court

Vinod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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