Nonjoinder  of  necessary  and  proper  parties leads to dismissal of Petition: Patna High Court.

This case was filled by Rajendra Kumar Jha, Son of Ramlochan Jha, Resident of Village- Marukia, Chatra Gobraura Uttar, P.O. Marukia, P.S.-Khajauli, District- Madhubani, Bihar- 84228 against State of Bihar. The Judgment in Rajendra Kumar Jha, Vs. The State of Bihar through the Principal Secretary (citation: CWJC No.623 of 2021) was delivered by HONOURABLE MR. JUSTICE P. B. BAJANTHRI.

This case was a writ Petition filled under Article 226 of the Constitution of India. The Petitioner with this case sought Court to issuance an appropriate writ, Order or Directions to the Respondents to consider the case of Petitioners for their selection and appointment on the post of Constable, as the petitioners have qualified in the Physical Fitness Test carried out by the respondents authorities for selection and appointment on the post of Constable, in pursuance to Advertisement No.01/2004, 02/2004, 03/2004 dated 08-02-2004 published for filling the posts of Constables in the different districts of the State of Bihar.


The court observed that If the petitioners’ grievance is allowed, in that event 3rd party right would be affected. The petitioners have not impleaded such of those persons, whose rights are likely to be affected. Accordingly, the court dismissed present petition for nonjoinder of necessary and proper parties in the light of the Apex Court decision in the case of Ranjan Kumar & Ors. Vs. The State of Bihar & Ors., and reserved liberty to the petitioners to file fresh petition in accordance with law.


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