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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.888 of 2025 ======================================================
1. Mithilesh Kumar S/o- Sri Shivdat Sharma, R/o At P.O.- Pathra Dakhsin, Ward No.- 2, P.S.- Pipra, District- Supaul. 2. Tarun Kumar Bharti S/o- Rajeshwar Prasad Yadav R/o Vill.- Lakshminiya, P.O.- Daparkha, P.S.- Triveniganj. District- Supaul. 3. Rambhu Kumar Sardar S/o- Bhumi Sardar R/o At P.O.- Daparkha, P.S.- Triveniganj, District- Supaul. 4. Bijendra Ram S/o- Prayag Ram R/o At P.O.- Fulwariya, P.S.- Kishanpur, District- Supaul. 5. Mithilesh Kumar S/o- Late Dhanraj Ram R/o At P.O.- Jarila, P.S.- Triveniganj, District-Supaul. 6. Vinod Kumar Yadav S/o- Rameshwar Yadav R/o Vill- Jhakharahi, P.O.- Bauraha, P.S.- Kishanpur, District- Supaul. 7. Sushil Kumar S/o- Ram Chandra Yadav R/o Vill- Gauravgarh, Ward No. 5, P.O. and P.S.- Supaul, District- Supaul. 8. Rajnandan Urao S/o- Ramji Urao R/o At P.O.- Gwalpara, P.S.- Chhatapur, District- Supaul. 9. Ravindra Kumar S/o- Jageshwar Yadav R/o At P.O.- Sukhpur, P.S.- Supaul, District- Supaul. 10. Ramjee Prasad S/o- Digambar Sah R/o Vill- Chaughara, Ward No. 3, P.O.- Hardi, P.S.- Supaul, District- Supaul. 11. Ramji Kumar Ram S/o- Rajendra Ram R/o Vill- Surahia, P.O. and P.S.- Barharia, District-Siwan. 12. Chandan Kumar Ram S/o- Shivbachan Ram R/o Vill- Bhitauli, P.O.- Patar, P.S.- Aswan, District- Siwan. 13. Krishna Kumar Ram S/o- Tuka Ram R/o Vill- Kriyapur, P.O. and P.S.- Barhariya, District- Siwan. 14. Binod Kumar Paswan S/o- Misri Lal Paswan R/o Vill- Telwa, P.O. Nemua, P.S.- Supaul, District- Supaul. ... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna. 3. The Director General of Police, Govt. of Bihar, Patna. 4. The Director General, Home Guard, Bihar, Patna. 5. The Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, Jawahar Lal Nehru Road, Patna, through its Secretary. 6. The Chairman, Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, Jawahar Lal Nehru Road, Patna. 7. The Secretary, Central Selection Board (Constable Recruitment), Sardar
Patna High Court CWJC No.888 of 2025(3) dt.23-06-2026 2/4 Patel Bhawan, Jawahar Lal Nehru Road, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar Singh, Adv. Mr.Harsh Raj, Adv. For the Respondent/s : Mr.Sanjay Pandey, Adv. Mr.Binod Kr. Mishra, Adv. Mr.Vivek Anand Amritesh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR.
ANSHUMAN ORAL ORDER 3 23-06-2026 Heard learned counsel for the petitioners and learned counsel for the Central Selection Board (Constable Recruitment). 2. The present writ petition has been filed with the following reliefs:- i. To direct the respondents, especially Resp. No.- 5 to 7, to grant sufficient time to the petitioners, who are working as Home Guard in different Districts, for preparation and appearing in the Physical Efficiency Test (P.E.T.) against Advertisement No.- 01/2023 dated 09.06.2023 and accordingly rescheduled the date of P.E.T. of the petitioners. ii. To direct the respondents to extend the time limit of running of 1.6 km within 6 minutes to 7 minutes so far those successful Home Guard candidates including the petitioners who have passed the written examination and then conduct the Physical Efficiency Test accordingly and be further direct to give some weightage in short-put
Patna High Court CWJC No.888 of 2025(3) dt.23-06-2026 3/4 and high jump as well to the petitioners and other successful Home Guard applicants. iii. To restrain the respondents, especially Resp. No.- 5 to 7 from conducting the Physical Efficiency Test (P.E.T.) of all the Non- Home Guards applicants as well as from conducting the Physical Efficiency Test (P.E.T.) of female Home Guards during pendency of the present writ application. 3. Learned counsel for the petitioners submits that the the petitioners may be granted relaxation in running event of 1600 meters from 6 min to 7 min and further relaxation may be granted in shot-put and high jump on the ground that the petitioners was working on the post of Home Guard. 4. Learned counsel for the Board has raised preliminary objection and submits that the said relaxation is not permissible as there is no provision of granting such relaxation in the Advertisement No.01 of 2023.
He further submits that the relaxation provided for the said advertisement has been prepared by Police Headquarter vide Letter No.245 dated 27.04.2023 and Letter No.305 dated 06.06.2023. 5. Counsel further submits that the selection of the candidates had been made on the basis of recruitment rule issued vide Notification No.6620 dated 14.08.2019 and Notification No.9186 dated 05.11.2019. As per recruitment
Patna High Court CWJC No.888 of 2025(3) dt.23-06-2026 4/4 rules, there is a provision of only relaxation of 5 years in the prescribed maximum age limit for Home Guards of all categories. Apart from this, there is no provision of relaxation for Home Guard candidates in Physical Efficiency Test. 6. After hearing the parties and upon perusal of the documents available, it transpires to this Court that the relaxation which was demanded by the petitioners, is not in accordance with law and the petitioners have not challenged the specific rule rather directly demanded the relaxation without any legal basis, which is not permissible in law. 7. With the aforesaid directions and observations, the present writ application stands dismissed. Prakashmani/- (Dr. Anshuman, J) U