MANIBHUSHAN KUMAR RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are three petitioners in this case. The seek, in effect and substance, a direction upon the respondents to appoint them as Constables in the Bihar Police Force. They had approached this Court seeking similar direction earlier in CWJC No. 10123/92. In the light of direction in that case the claim of the petitioners was considered and rejected on 7-2-1997. They naturally also seek quashing of the said order:

(2.) The petitioners are trained Home Guards. Their case is that names were called for from different units for participating in the 1986 Republic Day Parade. The petitioners and others were nominated from their respective units and accordingly, they participated in the parade on 26th January, 1986. In view of their performance they along with others were deputed to the Special Battalion of the Bihar Home Guards at Bhita were they are since working. They took part in different operations such as 'Black Panther' and discharged their duties satisfactorily. Considering their performance and expertise it was decided to appoint theoe who had participated in the Republic Day Parade as regular constable in the Bihar Police. The grievance of the petitioners is that while others have been appointed their cases have been ignored. As indicated above, they came to this Court in CWJC No. 10123/92 which was disposed of on 15-2-1996 with a direction to consider their cases. Their claim however, was rejected on 7-2-1997. Reference was made to an earlier writ petition, CWJC No. 8545/91 in which similar direction was issued by this Court and pursuant to which the petitioners concerned were appointed as regular Constables in the Bihar Police.

(3.) It may be mentioned here that the petitioners had moved this Court also in MJC No. 519/97complaining non-compliance of the order in CWJC No. 10123/92, and CWJC No. 10936/98. MJC No. 519/97 was disposed of on 6-1-1999 in view of the disposal of the representation on 7-2-1997. CWJC No. 10936/98 too was dismissed as withdrawn on 4-2-1999. Though it is not known as to what relief was sought in CWJC No. 10936/98, prima facie, the relief sought in the case must be connected with appointment as Police Constables. If so, it is doubtful as to whether the order dated 4-2-1999 dismissing the writ petition as withdrawn would not bar a fresh writ petition like the present one. However, we do not want to go into that aspect of the case, for we are satisfied on merit that the desired relief cannot be granted to the petitioners.