IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15998 of 2025 ====================================================== 1. Abdhesh Kumar S/O Vijay Prasad, Resident of Village- Dhamuchak, Police Station- Rajauli, District-Nawada, presently posted at B.S.A.P-06, Muzaffarpur. 2. Subhash Kumar Yadav, S/O Lal Babu Prasad, Resident of Village- Bhabalpur, Police Station-Amnaur, District-Saran at Chapra, presently posted at B.S.A.P-06 Muzaffarpur. 3. Braj Kishor Sah, S/O Ramnath Sah, Resident of Village- Malikpura, Police Station- Goraul, District-Vaishali, presently posted at B.S.A.P-06, Muzaffarpur. 4. Girish Kumar, S/O Late Sudhakar Yadav, Resident of Village- Dabil, Police Station-Khaira, District-Jamui, presently posted at B.S.A.P-06, Muzaffarpur. 5. Ajit Kumar Paswan, S/O Basawan Manjhi, Resident of Village- Bhangauta, Police Station- Goriya Kothi, District- Siwan, presently posted at B.S.A.P- 06 Muzaffarpur. 6. Mithun Kumar Sah, S/O Devendra Prasad Sah, Resident of Village-Tagepur, Police Station- Jagdishpur, District-Bhagalpur, presently posted at B.S.A.P- 06 Muzaffarpur. 7. Akhilesh Kumar, S/O, Bindeshwar Yadav, Resident of Village- Daudpur, Police Station-Ariyari, District-Shekhpura, presently posted at B.S.A.P-06 Muzaffarpur. 8. Loukesh Kumar, S/O Laksman Saow, Resident of Village-Arwal, Police Station-Arwal, District-Arwal, presently posted at B.S.A.P-06 Muzaffarpur. 9. Shatrughana Prasad, S/O Ram Charitra Sah, Resident of Village-Mahulia, Police Station-Ladania, District-Madhubani, presently posted at B.S.A.P-06 Muzaffarpur. 10. Vivek Kumar Giri, S/O Vinod Kumar, Resident of Village- Chatwa, Police Station-Mallikpura, District-Saran at Chapra, presently posted at B.S.A.P-06 Muzaffarpur. 11. Anil Kumar, S/O Gupteshwar Ram, Resident of Village-Penar, Police Station-Nokha, District-Rohtas, presently posted B.S.A.P-06 Muzaffarpur. 12. Dileep Kumar, S/O Late Rajkeshwar Prasad, Resident of Village-Marjadi, Police Station- Gounaha, District-West Champaran, presently posted at B.S.A.P-06 Muzaffarpur. 13. Sunita Kumari, D/O Devendra Rai, Resident of Village-Senduri, Police Station-Hajipur, District-Vaishali, presently posted at B.S.A.P-06 Muzaffarpur. 14. Rajnish Ranjan, S/O Late Nand Kumar Singh, Resident of Village-New Bankers Colony, Police Station- Mithanpura, District-Muzaffarpur, presently posted at B.S.A.P-06 Muzaffarpur. 15. Sunil Singh, S/O Ram Gahan Singh, Resident of Village- Sewahi, Police Station- Tilouthu, District- Rohtas, Presently posted at B.S.A.P-06 Muzaffarpur. Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 2/14 16. Nitesh Raj, S/O Vinod Kumar Verma, Resident of Village - Mathlohiyar, Police Station- Harsidhi, District- East Champaran, Presently posted at B.S.A.P-06 Muzaffarpur. 17. Aabha Kumari, W/O Niranjan Kumar Singh, Resident of Village- Hario, Police Station- Bihpur, District-Bhagalpur, presently posted at B.S.A.P (M) -Sasaram. 18. Mausam Kumari, W/O Rahul Kumar Chaudhary, Resident of Village- Godhana, Police Station- Bachhwara, District-Begusarai, presently posted at B.S.A.P (M) - Sasaram. 19. Sabnam Kumari, W/O Rajesh Kumar, Resident of Village-Dhongara, Police Station-Ghosi, District-Jehanabad, presently posted at B.S.A.P (M) - Sasaram. 20. Sanjay Kumar Singh, S/O Late Sushil Kumar Singh, Resident of Village- Akbarpur, Police Station-Bhawanipur, District-Purnia, presently posted at B.S.A.P-07 Katihar. 21. Rakesh Kumar Ranjan, S/O Rajendra Paswan, Resident of Village-Suraiti Tola, Police Station- Bhawanipur, District- Purnia, presently posted at B.S.A.P-11 Jamui. 22. Nagendra Kumar, S/O Prahlad Prasad, Resident of Village- Dakhi gaon, Police Station- Wazirganj, District- Gaya, presently posted at B.S.A.P-02, Dehri. 23. Pannalal Kushwaha, S/O Awadh Bihari Kushwaha, Resident of Village- Mishrabandhaura, Police Station-Vijaypur, District-Gopalganj, presently posted at B.S.A.P-02 , Dehri 24. Chhotelal Mandal, S/O Ghatak Lal Mandal, Resident of Village-Baikunth Pur, Police Station-Sultanganj, District-Bhagalpur, presently posted at B.S.A.P-02 , Dehri 25. Suryamanee Kant Sharma, S/O Ram Suresh Sharma, Resident of Village- Maharorh, Police Station-Natwar, District-Rohtas, presently posted at B.S.A.P-02, Dehri. 26. Alka Kumari, W/O Purnchand Gupta, Resident of Village-Sarenja, Police Station-Rajpur, District-Buxar, presently posted at B.S.A.P-02, Dehri. 27. Mahendra Kumar Singh, S/O Ram Awatar Singh, Resident of Village- Kharasra, Police Station-Durgawati, District-Kaimur, presently posted at B.S.A.P-02, Dehri. 28. Gautam Kumar, S/O Chitranjan Thakur, Resident of Village-Bhakhari, Police Station-Bhakhari, District-Begusari, presently posted at B.S.A.P-02, Dehri. 29. Vikas Kumar, S/O Rajbali Prasad, Resident of Village-Chauri, Police Station-Daudnagar, District-Aurangabad, presently posted at B.S.A.P-02 Dehri. 30. Sandeep Kumar, S/O Ram Briksh Prasad, Resident of Village-Ghostama, Police Station-Kadirganj, District-Nawada, presently posted at B.S.A.P-02 Dehri. 31. Sumit Kumar, S/O Krishadeo Ray, Resident of Village-Sanohar, Police Station-Alouli, District-Khagriya, presently posted at B.S.A.P-02 Dehri. Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 3/14 32. Umesh Kumar Yadav, S/O Bahadur Yadav, Resident of Village-Barkarj, Police Station-Simri, District-Buxer, presently posted at B.S.A.P-02 Dehri. 33. Ranjit Prasad Singh, S/O Dhanendra Singh, Resident of Village-Mahula, Police Station-Chainpur, District-Kaimur, presently posted at B.S.A.P-02 Dehri ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Ministry of Home Affairs through the Secretary , Government of Bihar, Patna. 3. General Administration Department through the Secretary, Government of Bihar, Patna. 4. The Director General of Police, Bihar, Patna. 5. The Deputy Inspector General of Police, (Personnel), Bihar, Patna. 6. The Assistant Inspector General of Police, (Q), Bihar, Patna. 7. The Chairman (The Assistant Inspector General of Police, (Q), 30th Pre- Requisite Armourer Police Selection Board, Police Head Quarter, Patel Bhawan, Patna. 8. The Deputy Inspector General of Police, Bihar Special Armed Force (Central Zone), Bihar, Patna. 9. The Deputy Inspector General of Police, Bihar Special Armed Force (North Zone), Bihar, Patna. 10. The Superintendent of Police (personnel-1), Bihar, Patna. 11. The Commandant B.S.A.P. - 6, Muzaffarpur. 12. The Commandant B.S.A.P. (Mahila), Sasaram. 13. The Commandant B.S.A.P-02, Dehri-On-Son 14. The Commandant B.S.A.P-11, Jamui. 15. The Commandant B.S.A.P-07, Katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Kaushik, Advocate Mr.Dhiraj Kumar Singh, Advocate For the Respondent/s : Mr.Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 3 26-11-2025 1. Petitioners, 33 in number, have challenged the Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 4/14 merit list prepared by the Deputy Inspector General of Police, Personnel, Bihar, Patna to the post of Armourer Constables on two fold grounds: (i) Roster system was not followed; (ii) Since roster system was not followed, reservation policy under the Bihar Reservation Act, 1991 was also not considered, while selecting the candidates as Armourer Constables vide notification no. 132 dated 3rd of September, 2025. 2. It is submitted by the learned Advocate on behalf of the petitioners that they were initially appointed as members of armed police force. The petitioners already completed 5 years of satisfactory service without any black spot in their service for selection to the post of Armourer Constables. He further submits that the selection list, published on 3rd of September, 2025, was without following the reservation as well as roster policy of the State. Therefore, the petitioners have challenged the selection of Armourer Constables in 30th Session Pre-Requsities Course. 3. It is contended on behalf of the petitioners that Rule 1106 of the Bihar Police Manual, Volume I speaks of Armourer’s Cadre. The said rule states as follows: “1106. Armourer's cadre.-(a) in every district. Unit or a training centre, where arms, etc. Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 5/14 are kept, the officers of this cadre shall be posted. The Government of India yardstick is one armourer of the rank of Havildar and one armourer constable for six hundred Amis. For extra three hundred arms, one extra armourer constable has to be provided. (b) It would be useful to have one armourer of the rank of Sub-Inspector in the office of every Range Deputy inspector-General. His job shall be to inspect and repair every arm of districts and units of his range at least once a year and to carry cut all technical work. (c) The arms kept in districts which include arms given to police officers according to Rule 697 for doing duty shall be maintained by officers of this cadre, according to instructions of Inspector-General of police. Their duties are to repair the Police arms and when not so occupied to inspect every arm after every three months, the inspection of Rifle mark 2 shall be done once every month, Nevertheless, it is the job of the constable to whom arms are issued individually to clean them daily. The cleaning of the aims kept in the Central Aims Stores shall be done every week by officers of the Armourer's cadre. (d) Arms of Jail department.--The members of armourers' cadre shall inspect and repair the arms in use in the district jails and in Home Guards and other auxiliary forces but the department concerned shall supply the necessary component parts for repairing all the arms. (e) Pay and recruitment. The pay and allowances of the armourers will be found in Appendix 44-A. For recruitment and promotion, etc. Chapter 41 may be seen. (f) Tools.-A full set of Tools in sufficient number as given in Table 19 of Army Circular Order LA.F.F. 980-30th July, 1963 shall be provided in every district or unit for maintenance of arms. This Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 6/14 set shall be supplied from army workshop on indent from the office of Inspector-General in form LA.F.O. 2705. In addition to this, more kits concerning arms shall be kept in Central Stores and Workshop. g) Component parts. The armourers shall be supplied with component parts of arms according to the scale given in Table 7, 8, 9 and ll as the case may be of Equipment Tables of Civil Police and Jails, 1925 (see Rule II 17(b)]. Indents in IA.F.O. 2705 shall be submitted by the Superintendents through in charge of Central Stores by the I 5th June. Parts used in repairs shall be replaced annually on indent, the unserviceable parts being returned with a certificate giving a satisfactory explanation of any part missing. if the reserve of component parts is at any time exhausted, emergent indent may be submitted.” 4. The learned Advocate for the petitioners also refers to Rule No. 1248 of the Bihar Police Manual, Volume I. The Rule No. 1248 runs thus:- “1248. (a) Cadre. The armourers cadre is a closed cadre up to the level of Sub-Inspector. (b) Functions.-(i) Functions are given in Rule 1106. It must, however, be borne in mind that it is neither the work nor the duty of the district armourer to clean weapons but only to repair them. Thus, it must be ensured that all arms are cleaned thoroughly before they are inspected by the District Armourer. (ii) The members of armourers cadre will inspect complete arms, including bayonets and scabbards that are produced for inspection. The armourer must be supplied with a complete list of arms held in the district. (iii) All minor repairs to weapons will be carried out by them then and there. Those fit for repair at Central Arms Stores shall be sent there. Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 7/14 (iv) The Range armourer will on return to Headquarters, submit a report in duplicate to the Range Deputy Inspector-General on the condition of arms in the district. He will also indicate what arms are to be inspected by Assistant-Inspector of Arms or Reserve Inspector (see Rule 1096). (c) Control.--The arrnourers cadre is directly under an officer of the rank of Reserve Inspector. He shall work under an Assistant to Inspector-General of Police who shall over all be in charge and shall frame Rules for the daily work of the armourers cadre which shall include transfer, deputation, preparation of statements or returns, etc The members of this cadre are posted to range and district/unit Headquarters as per Rule 1106 under the administrative control and direction of the Range Deputy Inspector-General and Superintendent concerned. (d) Selection.-Armourers are selected from armed police in districts and units by Assistant to Inspector-General and preferably volunteers, having previous knowledge and experience in arms should be recommended by Superintendents. If suitable persons are not available, recruitment may be made from among retired army personnel. (e) Training. Selected constables shall be put through a preliminary course of training at the Central Arms Workshop (Rule 1089). At the beginning of each year, the Assistant to Inspector- General shall take up correspondence for advanced course of training for armourers at the Headquarters of Eastern Command, Ranchi or at any other army workshop for six months. Similarly specialised training for higher ranks or promotion courses may be arranged at E.M.E. training centre at Secunderabad (Hyderabad) and Kamti (Maharastra) or Border Security Force at Tekanpur (Madhya Pradesh) for 3 months. These periods of training may be reduced at the discretion of Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 8/14 authorities concerned. The Deputy Inspector- General (Training) shall also draw a detailed programme of periodical in-service training courses. (f) Promorionw-For promotion to the rank of Havildar armourer, the Assistant to Inspector. Genera) shall convene a selection board. For promotion from Havildar to Sub-Inspector and then to Inspector (armourer), the same rules as given in Chapter 23 for holding a selection board and preparation of a list of selected officers for promotion shall apply. Those who qualify at the training centres noted in sub-rule (d) shall be promoted. Those who do not qualify shall have to appear again before selection boards. After two attempts if a person fails to qualify at the training centre. no further chance shall be given. (g) Confidential character roll. The annual confidential character roll of personnel of armourers cadre of and above the rank of Havildar shall be initiated by Reserve Inspector(Armourer), reviewed by Assistant to Inspector-General and accepted by the D.I.G.. With regard to range armourer, the remarks of Range Deputy Inspector- General shall also be obtained.” 5. A plain reading of Rule 1248 suggests clearly that Armourer’s Cadre is a closed cadre upto the level of Sub- Inspector. The Armourer shall discharge the functions delineated in Rule 1106. The Sub-Rule D of Rule 1248 clearly states that Armourers are selected from armed police in district and units by the assistant to Inspector General and preferably volunteers, having previous knowledge and experience in arms, should be recommended by the Superintendents. If suitable person shall Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 9/14 not available, recruitment may be made from among the retired army personnel. 6. Thus, it is contended on behalf of the petitioners that the Armourers in Bihar Police Manual is described as a closed cadre but process of selection was based on the basis of the recommendation made from amongst the members of the armed police recommended by the Superintendents of the district. Second source of recruitment may be made from among retired armed personnel. So there are two sources of recruitment to the post of Armourer, one by way of selection from the candidates recommended by the Superintendents of the districts and another by way of recruitment from among retired armed personnel. 7. Clause F of Rule 1248 speaks about promotion from the rank of Armourer Constables to the rank of Havildar Armourer, then to Sub-Inspector and finally to Inspector (Armourer). 8. Learned Advocate on behalf of the petitioners next draws my attention to Annexure P12 which is a letter dated 6th of January, 2015 written by the Inspector General of Police (Budget, Appeal and Welfare) to the Principal Secretary, Home Department, Bihar, stating, inter alia, that in 28th Session Pre- Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 10/14 Requsities Course, 213, candidates appeared for written and oral examination. The result was published on the basis of cut-off marks and roster point and 132 candidates were selected. The remaining 81 candidates were not selected. 9. Under such circumstances, Bihar Police Men’s Association submitted a letter of objection on roster clearance, stating, inter alia, that since Armourer Constables does not constitute a cadre and no recruitment process either by way of direct recruitment or by way of promotion is made, the remaining 81 candidates might also be recruited. 10. In reply to the said letter, the under Secretary to the Home Department replied to the said letter on 9th of March, 2015, stating, inter alia, that the Armourer Constables are not recruited by way of direct recruitment or by promotion. 11. On the contrary, they are appointed on the basis of their nomination amongst the willing candidates. Therefore, in respect of selection / recruitment of Armourer Constables, roster point need not be followed. 12. According to the learned Advocate for the petitioners the said letter, dated 9th of March, 2015, is directly in the teeth of the police manual, where it is clearly stated that the Armourer Constables comprised of a closed cadre. Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 11/14 13. It is also contended on behalf of the petitioners that as the Armourer Constables constitute a closed cadre, roster point and reservation policy ought to be applied without considering the source of recruitment. 14. Learned Advocate on behalf of the State/respondents, on the other hand, submits that the Armourer Constables are selected from the armed constables. They do not constitute a separate cadre. They are in the cadre of Constables and only the willing candidates are selected on the basis of written and oral examination. Therefore, it is not necessary for the appointing authority to rely on the roster point or reservation policy while selecting the Armourer Constables. 15. Having heard the learned counsels for the parties and on perusal of the letter, dated 9th of March, 2015 (Annexure P13) as well as 6th of January, 2015 (Annexure P12), this Court finds that the claim of Bihar Police Men’s Association that roster point and reservation policy is not applicable in the selection of Armourer Constables is directly in the teeth of Rule 1248 of the Bihar Police Manual. The said rule clearly states that Armourer constitute a distinct cadre and promotional posts were also created in the cadre of Armourer. An armed Constables cannot be automatically appointed as Armourer Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 12/14 Constables unless and until he completes 5 years qualified service and being recommended by the Superintendents of the respective districts. This requirement is the source of counting the number of candidates for particular pre-requisities course. As soon as, they are selected as Armourer, the selected candidates constitute a separate cadre because Rule 1248 (F) also says about promotion from Armourer to Havildar to Sub- Inspector and to Inspector (Armourer). 16. It is needless to say that post of Armourer Havildar cannot be filled up by promotion from the cadre of Armed Constables. Similar is the condition Armourer Sub- Inspector and Armourer Inspector. Therefore, it is absolutely wrong to hold that Armourer does not constitute a cadre if in the event Armourer does not constitute a cadre, the promotional avenue was available not only exclusively to the Armourer but also to the Armed Constables. Such is not the case in the matter of promotion of Armourer Havildar and Armourer Sub- Inspector and Armourer Inspector. The letter dated 9th of March, 2015 issued by the under Secretary Home (Police Department) was issued without taking into considerations Rules 1106 and 1248 of the Bihar Police Manual. 17. It is needless to say that where there is direct Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 13/14 conflict between the act of the State and the rule promulgated by the Legislature, the later shall follow. 18. In view of the aforesaid facts and circumstances, this Court is of the view that the roster point and reservation is applicable in the selection of Armourer Constables. 19. The State/respondents are directed to rewrite the selection list within a period of 6 weeks from the date of this order in the light of the observation made hereinabove. 20. The instant writ petition is accordingly allowed on contest. 21. However, there shall be no order as to the costs. 22. While dictating the order in question of the above order, the learned counsel for the State/respondent has prayed for time for submission of the counter affidavit. This Court is of the view that the counter affidavit, rejoinder, etc., is necessary to assist the Court to come to a clear decision. While the prevalent rule is absolutely clear, this Court does not think it necessary to permit the State/respondents to file a counter affidavit, as it seems to this Court to be unnecessary. 23. The above observation is noted so that the State / respondents may not be prejudiced in future. With the disposal of the writ petition, all interlocutory Patna High Court CWJC No.15998 of 2025(3) dt.26-11-2025 14/14 petitions are also disposed of. uttam/- (Bibek Chaudhuri, J) U