Patna High Court
Chandra Kishor Prasad vs The State Of Bihar on 5 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1533 of 2019
In
Civil Writ Jurisdiction Case No.17666 of 2019
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1. Chandra Kishor Prasad Son of Late Mahendra Prasad, resident of Village
and Post Horil Chhapra, P.S. Shahpur, Dist. Bhojpur (Ara).
2. Dashai Ram, Son of Ramnath Ram, resident of Village and P.O.- Navada
Ben, P.S. Udwant Nagar, District- Bhojpur (Ara).
3. Sri Nivas Ram, Son of Bhoda Ram, resident of Village and P.O.- Veerpur,
P.S. Shahpur, District- Bhojpur (Ara).
4. Jagdish Prasad, Son of Late Ram Janam Ram, resident of Village and P.O.-
Sarana, P.S. Shahpur, District- Bhojpur (Ara).
... Petitioners ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Panchayati Raj, Government of Bihar, Patna.
2. The Principal Secretary, Department of Panchayati Raj, Government of
Bihar, Patna.
3. The Director, Panchayati Raj, Government of Bihar, Patna.
... Respondents ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Harendra Kumar, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.
Date : 05-07-2021
Heard learned counsel for the parties.
Aggrieved by the judgment and order dated 23.10.2019
passed in C.W.J.C. No.17666 of 2019 passed by learned Single
Judge of this Hon'ble Court dismissing the writ petition, the
Patna High Court L.P.A No.1533 of 2019 dt.05-07-2021
appellants have preferred this LPA.
Writ petitioners, who are working on the post of
Dalpaties, have filed this petition for directing respondents to
appoint them on the post of Panchayat Secretary by way of
promotion against 531 posts advertised by Bihar Public Service
Commission for appointment on the post of Panchayat
Secretary. It is further submitted that State government had
taken a policy decision to appoint Dalpaties as Panchayat
Secretary for which seniority list of Dalpaties was prepared
district-wise but in the present advertisement, Panchayat
Secretaries are to be appointed through a written examination in
which, eligibility is Intermediate and Dalpaties have been given
age relaxation to appear in the examination.
The learned Single Judge has held that under the new
Rules framed by the State Government for appointment on the
post of Panchayat Sachiv, there is no provision for appointment
of Dalpaties on the post of Panchayat Secretary by way of
promotion but same is open to all eligible candidates and
education qualification is Intermediate and, as such, no direction
can be issued to the State Government to appoint petitioners,
who are working as Dalpaties, on the post of Panchayat
Secretary.
Patna High Court L.P.A No.1533 of 2019 dt.05-07-2021
The relevant part of the order is reproduced
hereinbelow:-
"Similar matter had come up for adjudication
before this Court in case of Indrajit Sahni and Others vs.
The State of Bihar and Others (C.W.J.C. No. 18236 of
2019). The said writ application was dismissed by an order
dated 06.09.2019, taking into account the Division Bench
decision of this Court in case of State of Bihar and
Others Vs. Subhash Chandra Shukla and Others,
reported in 2009(4) PLJR 569, and Rule 4 of Bihar Gram
Panchayat (Appointment of Secretary, Rights and Duties)
Rules, 2011, sub-rule (1) whereof provides that there shall
be cent-percent direct appointment to the post of Gram
Panchayat Secretary.
In view of the said decision of this Court in case of
Indrajit Sahni and Others (supra), the relief, which the
petitioners are seeking, cannot granted."
This court does not find any error or infirmity in the
judgment and order passed by learned Single Judge requiring
any interference by this Court. This L.P.A. is accordingly
dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.07.2021
Transmission Date NA
