DHANANJAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Upon a joint request of learned Counsel for the appellants, as well as, learned Advocate General, the matter was taken up for final hearing instead of hearing on an interim relief at this stage so as to see that ongoing process of recruitment is not further delayed.

(2.) IN this Letters Patent Appeal by invocation of Clause 10 of the Letters Patent directed against the judgment of the learned Single Judge in C.W.J.C. No. 2942 of 2006 rendered on 8.3.2006, the following question has surfaced: Could a person having applied for a particular post pursuant to an advertisement, during the process of recruitment gets declared successful in physical fitness test qualifying himself for being called for written examination, one of the tests of recruitment, namely, the physical fitness test earlier conducted having been cancelled upon process having been revoked on certain complaints of irregularities by the State directing in place thereof to hold a fresh physical fitness test inviting all the candidates including him, be heard to say that he has a right to question the said decision of the respondent State and that too by invocation of extraordinary, plenary, equitable and discretionary constitutional writ remedied under Article 226 of the Constitution of INdia?

(3.) A short spectrum of material facts giving rise to this Letters Patent Appeal may be articulated at this juncture. Pursuant to an advertisement No. 704 of 2004 issued by the Bihar Staff Selection Commission, Patna published on 21.9.2004 in a Hindi Daily Newspaper "Hindustan" the appellants applied for the post of Sub-Inspector of Police and in course of recruitment process pursuant to the said advertisement a physical fitness test having been conducted in which the petitioners-appellants having been found successful were declared successful in the said physical fitness process which is ongoing process of recruitment for the aforesaid post in the State of Bihar.