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2025 DAILYLAW 25699 (PAT)

Betalal Hembrom @ Betalal Hembram v. The State of Bihar

CWJC/6235/2025 · 2025-04-28

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6235 of 2025 ====================================================== 1. Betalal Hembrom @ Betalal Hembram S/o Thakur Hembrom, Village- Chuanpani, Rangratari, P.S.-Bounsi, Dist-Banka, Bihar 813104. 2. Badri Yadav, S/o Bhushi Yadav, Village-Maharajganj, PO-Samukhiya, P.S.- Banka, Dist-Banka, Bihar-813102. 3. Somlal Murmu, S/o-Somra Murmu, Village-Dhavakura, Sanga, Bisanpur, Bhurbhuri, P.S- Bausi, Banka, Bihar, 813104. 4. Kumari Shyamil, W/O Ranjan Singh Village- Danra, P.O.- Danra, P.S- Banka, Dis- Banka, Bihar 813102. 5. Sanoj Soren, S/o Panchu Soren, Village-Dhawakura, Sanga, Bisanpur Bhurbhuri, Banka, Bihar, 813104. 6. Jawahar Yadav, S/O Shankar Yadav, Village-Golahu, Post -Bindi, P.S -Banka, Dis- Banka, Bihar, 813109. 7. Viveka Nand yadav, S/o Dipnarayan Yadav, Village-Tetariya, PO-Baunsi, P.S-Baunsi, Dis -Banka, Bihar, 813104. 8. Mukesh Kumar, S/o Abdesh Yadav, Village-Bagdumba, PO-Bagdumba, P.S- Bounsi, Dis-Banka, 813117. 9. Kunj Kumar, S/O Chandra Shekhar Mehta, Village-Gajhanda, Vijayhat, Punsiya, Banka, Bihar 813109. 10. Munna Kumar Marandi, S/O Jagan Marandi, Village-Bhaga, PO- Bausi, P.S -Bausi, Dis Banka, Bihar 813104. 11. Shivam Kumar Sundar, S/O Bhairo Mandal, Village-Maniarpur, P.S-Bausi, Dis Banka, Bihar, 813104. 12. Sanjeev Kumar Yadav, S/O-Vakil Prasad Yadav, Village- Sirany, PO-Bounsi, P.S-Bausi, Dis Banka, Bihar, 813104. 13. Dimpal Kumari, W/O Ajit Kumar Choudhary, Village- Rampur, PO -Bharko, P.S- Amarpur, Dis Banka, Bihar, 813101. 14. Rajiv Kr Kisku, S/o Babulal Kisku, Village-Sanjhotari, PO-Sukhiabarait, P.S- Bounsi, Dis- Banka, Bihar, 813104. 15. Varun Kumar Yadav, S/o-Sitavi Yadav, Village-Jamohara, PO-Dudhari, Jamhra, PS -Banka, Dis- Banka 813102. 16. Shatrughan Yadav, S/o-Jodhan Yadav, Village-Gauripur, PO-Manjira, PS Banka, Dis Banka, Bihar 813102. 17. Munna Lal Hansda, S/o Umesh Hansda, Village-Jojodih, Post-Samukhiya, P.S Banka, Dis Banka, Bihar, 813102. 18. Mukesh Kumar Yadav, S/o Bittu Yadav, Village-Maheshadih, Banka, Bihar 813102. 19. Bina Rani Murmu, W/o - Suresh Marandi, Village-Daharlangi, Po-Danra, P.S-Banka, Dis- Banka, Bihar, 813102. 20. Mithilesh Kumar Yadav, S/O Jagdish Prasad Yadav, Village Haripur, Post- Haripur, P.S -Banka, Dis- Banka, Bihar, 813102. Patna High Court CWJC No.6235 of 2025(2) dt.28-04-2025 2/5 21. Ranjan Kumar, S/o Yogendra Yadav, Village-Bari Mohani, Sabalpur, Banka, Bihar 813104. 22. Prabhash Sah, S/o - Shyam Sah, Village-Bhurna, Bhurna, Banka, Bihar 813119. 23. Suman Kumar, S/o Raghunandan Prasad Yadav, R/o Village-Majlishpur, P. S- Banka, Dis- Banka, Bihar 813102. 24. Jaldhar Yadav, S/o Vindeshwari Prasad Yadav, Village-Navada Gopalpur, Post-Gopalpur, Banka, Bihar, 813107. 25. Sujit Kumar Singh, S/o Dashrath Singh, Village-Danra, P.O.-Danra, P.S Banka, Dis- Banka, Bihar 813102. 26. Kunal Kumar Singh, S/O Raghunandan Singh, Village Jawahar Nagar, Post- Karsop, P.S-Sambhuganj, Dis-Banka, Bihar, 813211. 27. Isha Kumari, W/O Shatrughan Singh, Village -Jhurkhuria, Bhagalpur, Dharampur, Milik Bhagalpur, Bihar, 813210. 28. Kanhaiya Kumar Singh, S/o-Dayanidhi Singh, Resident of village-Rajoun, P.S-Rajoun, Dist Banka. 29. Rani Kumari, C/O Shri Shyam Mandal, Resident of village-Kewaldih, Post- Samukhiya, P.S-Banka, Dist Banka. 30. Pankaj Kumar Yadav, S/O Sachho Yadav, Resident of village-Rahi, P.S- Baunsi, Dist-Banka. 31. Anuj Kumar @ Anuj Kumar Singh, S/o Chunchun Prasad Singh, Resident of village-Harna, Post-Maniyarpur, P.S-Bounsi, Dist-Banka. ... ... Petitioner/s Versus 1. The State of Bihar through its Home Secretary, Government of Bihar, Main Secretariat Building Patna. 2. The Home Secretary, Govt. of Bihar, Main Building, Patna. 3. The Director General of Police, Home Guard, Main Secretariat, Patna. 4. The District-cum-Chairman, District Selection Committee, Banka, District- Banka. 5. The Commandant Home Guard, Banka, Dist-Banka. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Respondent/s : Mr. Md. Irshad AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 28-04-2025 Heard the parties. 2. At the outset, learned Advocate for the petitioners Patna High Court CWJC No.6235 of 2025(2) dt.28-04-2025 3/5 seeks permission to make necessary correction in para-1 and relief(s) portion of the writ petition in course of the day. 3. Permission is accorded. 4. The petitioners are aspirants to the post of Home Guard in the district of Banka under Advertisement No. 02 of 2011; they have approached this Court seeking a direction upon the respondent authorities to fill up the remaining vacant posts of Home Guards in the district of Banka after publication of district wise final merit list. 5. Learned Advocate for the petitioners adverting to the grievance and the facts has fairly submitted that earlier, the petitioners have approached this Court seeking a direction upon the respondent authorities to fill up all the vacancies of Home Guard in different districts. The Hon’ble Court considering the limited prayer made by the petitioners disposed off all the writ petitions with a direction to the respondent authorities that in case any vacancy still remains to be filled up, the same would be filled up expeditiously in accordance with law. It is the contention of the learned Advocate for the petitioners that the claim of the petitioners has erroneously not been considered in accordance with law. Non-inclusion of the name of the petitioners is said to be preparation of block-wise merit list Patna High Court CWJC No.6235 of 2025(2) dt.28-04-2025 4/5 instead of district-wise merit list, due to which the petitioners have been deprived from their selection; hence, they have approached this Court afresh seeking a direction upon the respondent authorities to prepare the final merit list as district- wise in respect of selection of Home Guard under Banka district pursuant to Advertisement No. 02 of 2011 in place of block- wise merit list, which has been published contrary to the advertisement. 6. It is the specific contention of the petitioners that the issue has come up for consideration before this Court in CWJC No. 11645 of 2019 along with other analogous cases, wherein the learned Single Judge vide its order dated 05.02.2021 has pleased to hold that the final merit list shall be published district wise, in respect of selection of Home Guard. The order passed by the learned Single Judge of this Court has further been upheld by the learned Division Bench of this Court in LPA No. 645 of 2021 and other analogous cases vide order dated 20.06.2024. 7. On the other hand, learned Advocate for the State vehemently contended that the entire selection process in terms of Advertisement No. 02 of 2011 came to be finalized and given a complete quietus. However, if the petitioners have raised their Patna High Court CWJC No.6235 of 2025(2) dt.28-04-2025 5/5 grievance and seeking parity with identically situated persons, who have approached this Court in CWJC No. 295 of 2025, and their application came to be disposed off by this Court directing the competent respondent authority to consider the claim of the petitioners, the present writ petition may also be disposed off in identical terms. 8. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties, the instant writ petition stands disposed off with a liberty to the petitioners to approach before the concerned respondent(s), preferably within a period of four weeks, from today. 9. In case, the petitioners approach before the respondent concerned and file a detailed representation along with the order of this Court, the same shall be considered and disposed off by a reasoned and speaking order, in the light of the order of this Court as aforenoted, within a further period of twelve weeks. 10. The writ petition stands disposed off. rohit/- (Harish Kumar, J) U