Simplified Explanation of the Judgment
In this batch of writ petitions, several candidates approached the Patna High Court claiming that they had been unfairly denied selection as Home Guards in the district of Gopalganj, Bihar. All of them had applied pursuant to Advertisement No. 02/2011, which invited applications for enrollment of Home Guards.
The core complaint of the petitioners was not about their individual marks or merit, but about how the State authorities carried out the recruitment process. The advertisement had mentioned vacancies district-wise, but in practice, the authorities proceeded to prepare the selection list block-wise within the district. This meant that even if candidates were more meritorious at the district level, they could be left out merely because of how vacancies were distributed block by block.
The petitioners argued that:
- The Bihar Home Guard Act, 1947 and the Bihar Home Guard Rules, 1953 require appointments to be made on a district basis, not block-wise.
- The authorities had deviated from the statutory scheme and from the terms of the advertisement, which is often described by courts as the “rule of the game.”
- This departure resulted in violation of the equality clauses under Articles 14 and 16 of the Constitution, because similarly placed candidates within the same district were treated differently depending on their block.
Counsel for the petitioners pointed out that an identical legal issue had already been considered by a Division Bench of the Patna High Court in LPA No. 645 of 2021 (State of Bihar & Ors v Manjay Kumar & Ors), arising out of CWJC No. 11645 of 2019, where the Court had examined recruitment of Home Guards in other districts such as Muzaffarpur, Supaul, Vaishali, Samastipur and Bhagalpur.
In that earlier case, the Division Bench had:
- Referred to Rule 5(4) of the Bihar Home Guard Rules, 1953, which mandates that applications are to be made to the District Magistrate, and selection is to be done on the recommendation of a District Committee headed by the District Magistrate, along with the Superintendent of Police and other members.
- Noted that nothing in the Rules allows recruitment to be restricted block-wise within a district.
- Held that classification of vacancies into “urban” and “rural” and block-wise bifurcation, based only on Government of India instructions of 2007, cannot override the statutory provisions of the 1947 Act and the 1953 Rules.
- Reiterated that executive instructions cannot prevail over statutory rules, relying on Supreme Court decisions such as B.N. Nagarajan v State of Karnataka, Ashok Ram Parhad v State of Maharashtra, and Nair Service Society v Dr T. Beermasthan.
In the present judgment dated 13.08.2024, Hon’ble Mr Justice Dr Anshuman of the Patna High Court applied the same legal principles to the recruitment of Home Guards in Gopalganj district. The Court observed that:
- Although the earlier litigation related to Muzaffarpur and some other districts, the legal issue was identical – whether work could be done block-wise when the advertisement and the statute contemplated district-wise recruitment.
- The respondents (State authorities) had advertised vacancies district-wise, but during selection and roster clearance, they did not follow district-wise vacancy; instead, they adopted a block-wise approach.
- The advertisement being the “rule of the game” is binding both on the authorities and on the candidates; authorities cannot change the basis of selection midway or apply a method that contradicts the advertisement and the statute.
The Court noted that, strictly speaking, such deviation from the advertisement and Rules would vitiate the entire selection process. However, instead of cancelling the whole recruitment, the Court followed the earlier approach taken in CWJC No. 11645 of 2019 (as approved in LPA No. 645 of 2021). There, for practical reasons and to avoid unsettling appointments of non-party candidates, the Court had chosen a corrective, case-specific remedy.
Similarly here, the Court held that:
- The State’s practice of filling Home Guard posts block-wise in Gopalganj, when the advertisement was district-wise, is not in conformity with the Bihar Home Guard Act, 1947 read with the 1953 Rules.
- The authorities cannot justify their action merely on the ground that the selection process has already been completed. Completion of an illegal process does not cure the illegality.
Ultimately, rather than striking down the entire selection, the Court directed the authorities to specifically consider the case of all petitioners in these writ petitions and to accommodate them against the vacancies in Gopalganj district, if they are otherwise eligible for selection as per the Rules.
The Court further directed that:
- Necessary and corrective action must be taken by the respondents within 90 days from the date of receipt/production of a copy of the order.
In short, the Patna High Court has reaffirmed that Home Guard recruitment in Bihar must strictly follow the statutory scheme and the text of the advertisement, and has given a time-bound direction to adjust the aggrieved candidates in Gopalganj district, provided they fulfil the eligibility criteria.
Significance or Implication of the Judgment
This judgment has both practical and legal significance:
- For candidates (general public):
The decision reassures aspirants that the State cannot change the selection criteria or structure arbitrarily. If the advertisement says “district-wise vacancy,” the authorities cannot in practice run a “block-wise” process that disadvantages more meritorious candidates. - For administration (Government & police):
The ruling reinforces that executive convenience cannot override statutory provisions and the terms of recruitment advertisements. Recruitment to disciplined forces like Home Guards must strictly follow the statutory framework and district-level procedure under Rule 5(4). - For ongoing and future Home Guard recruitments in Bihar:
The ratio, already applied in Muzaffarpur and other districts and now extended to Gopalganj, is likely to guide recruitment practices across the State. The Home Department and district authorities will be expected to:- Avoid block-wise fragmentation where the Rules and advertisements do not permit it.
- Ensure that district-level selection committees function as prescribed.
- Maintain transparency and fairness to avoid further litigation.
- For constitutional principles:
The judgment further entrenches the principle that recruitment must comply with Articles 14 and 16 of the Constitution – equal opportunity in public employment – and that any classification must have a statutory or constitutional basis, not merely internal or administrative instructions.
Overall, this is a clear message from the Patna High Court that “rules of the game” in public recruitment cannot be changed mid-way and that statutory rules will prevail over any conflicting executive instructions.
Legal Issue(s) Decided and the Court’s Decision
- Issue 1: Can Home Guard recruitment, advertised as district-wise, be conducted block-wise within the district?
- Court’s Finding: No.
- Reasoning:
- Rule 5(4) of the Bihar Home Guard Rules, 1953 contemplates applications to the District Magistrate and selection through a District Committee, not block-wise panels.
- The advertisement (No. 02/2011) mentioned vacancies district-wise; therefore, the authorities were bound to prepare the select list district-wise.
- Block-wise bifurcation of seats and selection was contrary to both the Act/Rules and the advertisement, leading to arbitrariness and violation of equality.
- Issue 2: Do Government of India instructions of 2007 on Home Guards (urban/rural bifurcation, etc.) override the Bihar Home Guard Act, 1947 and the 1953 Rules?
- Court’s Finding: No.
- Reasoning:
- Executive instructions cannot override or amend statutory rules.
- The Division Bench, whose view is followed here, relied on Supreme Court precedent to hold that in case of conflict, service rules prevail over government resolutions or compendiums.
- Issue 3: What relief should be granted when the selection process is contrary to the advertisement and statute?
- Court’s Finding: Entire selection is vitiated in principle, but a balanced remedy is appropriate.
- Reasoning:
- If the entire selection were set aside, it could disturb appointments of many non-party candidates who are not before the Court.
- Following the earlier precedent in CWJC No. 11645 of 2019 (approved in LPA No. 645 of 2021), the Court opted for a corrective, limited relief.
- Therefore, the State is directed to consider and accommodate the petitioners against district-level vacancies in Gopalganj, if they are otherwise eligible, within 90 days.
Judgments Referred by Parties
- State of Bihar & Ors v Manjay Kumar & Ors, LPA No. 645 of 2021, Patna High Court (arising out of CWJC No. 11645 of 2019).
- CWJC No. 11645 of 2019, Patna High Court, order dated 05.02.2021 (Home Guard recruitment – Muzaffarpur and other districts).
Judgments Relied Upon or Cited by Court
As reflected in the Division Bench reasoning reproduced and adopted by the Court:
- B.N. Nagarajan & Ors v State of Karnataka & Ors, (1979) 4 SCC 507 – on the principle that executive instructions cannot override statutory rules.
- Ashok Ram Parhad v State of Maharashtra, (2023) SCC OnLine SC 265 – reiterating that in service jurisprudence, service rules prevail over conflicting government resolutions.
- Nair Service Society v Dr T. Beermasthan & Ors, (2009) 5 SCC 545 – on understanding judgments in service law with reference to applicable service rules and on the nature of reservation provisions.
- CWJC No. 11645 of 2019, Patna High Court, order dated 05.02.2021 – Single Judge decision holding that block-wise selection contrary to a district-wise advertisement vitiates the selection, but granting corrective relief to the petitioners.
- LPA No. 645 of 2021 (State of Bihar & Ors v Manjay Kumar & Ors) – Division Bench judgment approving and affirming the above Single Judge view and clarifying that block-wise bifurcation and urban/rural classification based on 2007 instructions are contrary to the 1947 Act and 1953 Rules.
Case Title
Smt. Krishnavati Devi & Ors v The State of Bihar & Ors
Case Number
- Civil Writ Jurisdiction Case No. 159 of 2018
Citation(s)
2025 (2) PLJR 314
Coram and Names of Judges
- Hon’ble Mr Justice Dr Anshuman
Names of Advocates and Who They Appeared For
- In CWJC No. 159 of 2018
- For the petitioners: Mr. Mahendra Thakur, Advocate; Mr. Krishna Thakur, Advocate
- For the respondents (State): Mr. Ajay Kumar, AC to GP-4
Link to Judgment
Official Patna High Court judgment link:
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