NIRBHAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This bunch of writ petitions have been filed under Article 32 of Constitution of India by the petitioners claiming appointment to the post of Sub-Inspector of Police in the State of Bihar claiming parity with 133 candidates who were appointed under Orders of this Court by subjecting them only to the Medical test and not subjecting them with the Physical test. Counter Affidavit has been filed in writ petition No.227 of 2019 by State of Bihar as well as Bihar Staff Selection Commission which writ petition is being treated as a leading writ petition. The facts and claims made by writ petitioners in all these petitions being based on same ground, it shall be sufficient to refer to pleadings in writ petition No.227 of 2019 for deciding all the writ petitions. There has been a checkered history of litigation with regard to selection to the post of Sub-Inspector conducted in the State of Bihar.

(2.) Brief facts and sequence of the events giving rise to the writ petitions need to be noted first: -

(3.) In the Counter Affidavit filed by the State, it has been stated that petitioners are not entitled for appointment as Sub-inspector of Police nor they can claim any parity with 133 candidates who were treated as Special category by this Court in whose favour order was passed under Article 142 of Constitution of India specially mentioning that the Order of directing for their appointment shall not be treated as Precedent. It has been further stated that the petitioners either failed in the Physical test or have not undertaken the Physical test in pursuance of Advertisement No.511/2011, hence, they have no claim for being appointed. The exception which was carved out for 133 candidates by this Court cannot be claimed by all candidates who could not succeed in Selection against 299 posts of Sub-Inspector of Police.