MANTU KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed seeking a direction to the respondent authorities to complete the selection / nomination process of Home Guards in the Bhojpur District pursuant to Advertisement No. 1 / 2006 and 2 / 2011 issued by the Home Department, Government of Bihar, Patna. The petitioner subsequently filed an interlocutory application bearing LA. No. 1 of 2019 for quashing the Memo No. 383 dtd. 15/2/2019 by which the District Magistrate has cancelled the Advertisement No. 01 / 2006 and 02 / 2011 for selection / nomination of the Home Guards. The aforesaid interlocutory application was allowed by this court vide order dtd. 22/6/2021.

(2.) The brief facts giving rise to the present writ application is that the Home Department, Govt. of Bihar issued Advertisement No. 1 / 2006 inviting applications from eligible candidates for selection / nomination / enrollment on the roll of Home Guards in different districts of Bihar including the Bhojpur district, however, without completing the aforesaid selection process, the respondent- Home Department, Govt. of Bihar came out with fresh advertisement bearing Advertisement No. 02/2011 for selection / nomination of Home Guards in various districts including the district of Bhojpur. The total vacancies for nomination of Home Guards advertised vide Advertisement No. 02 / 2011 was 220. The age limit prescribed for selection / nomination was between 19 years to 40 years with minimum educational qualification prescribed was Standard-V. The selection / nomination process was to be conducted at the district level for which a Selection Committee was constituted in every district under Rule 5 (4) of the Bihar Home Guards Rules, 1953. The District Magistrate was nominated as the Chairman of the Selection Committee and the Superintendent of Police, District Commandant (Home Guards) and District Welfare Officer were nominated as members of the Selection Committee.

(3.) The last date for submission of application was fixed as 30/7/2011 and the petitioner being fully eligible for selection / nomination submitted his application before the concerned authority within time and was given acknowledgment receipt bearing SI. No. 815. The petitioner being aggrieved by delay in completing the process of selection / nomination filed a complaint before the District Public Grievance Redressal Officer, Bhojpur (for short "Redressal Officer") on 28/09/2018. The Redressal Officer called for a report from the concerned authority and in response thereto Sr. Deputy Collector, General Sec. , Bhojpur reported vide letter no. 2233 dtd. 1/11/2018 that necessary steps are being taken for completing the selection process. He further reported that with respect to Advertisement No. 02 / 2011 roster has been sent to the District Magistrate, Bhojpur for approval and process of nomination would be completed shortly. Taking into consideration the said reports, the Redressal Officer, Bhojpur passed the final order on 05/01/2019 (Annexure-P/5) directing the concerned public authorities to take necessary steps in this matter and to inform the Redressal Officer within thirty days, however, the respondents, particularly respondent - District Magistrate, Bhojpur did not take any step within the aforesaid period of thirty days given by the Redressal Officer. The petitioner preferred an appeal before the Commissioner, Patna Division, Patna and taking into consideration the fact that the District Magistrate, Bhojpur has cancelled the Advertisement No. 01 / 2006 and 02/2011 and has directed for issuance of fresh advertisement, the Commissioner Patna Division dropped the proceedings.