Suchindra Kumar vs The State Of Bihar
2021 Latest Caselaw 5252 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10440 of 2020
     ======================================================

Suchindra Kumar S/o Late Dharmnath Singh R/o Kohra Mathia, P.S.- Parsa, District- Saran at Chapra.

... ... Petitioner/s Versus

1. The State of Bihar through District Magistrate, Saran at Chapra.

2. The District Programme Officer (east) Saran at Chapra.

3. The District Education Officer, Saran at Chapra.

4. Niyojan Unit, Gram Panchayat- Banaut, P.S.- Parsa, District- Chapra.

5. The Panchayat Secretary, Gram Panchayat- Banaut, P.S.- Parsa, District-

Chapra.

6. The Mukhiya, Gram Panchayat- Banaut, P.S.- Parsa, District- Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Krishna, Advocate For the Respondent/s : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-11-2021 Heard Mr. Gopal Krishna, learned Advocate for

the petitioner and Mr. Sanjay Kumar, learned counsel for

the State.

The petitioner seeks a direction to the respondent

no. 2 for appointing him on the post of Panchayat Teacher

which has fallen vacant because of the resignation of one

of the selected candidates.

It has been brought to the notice of this Court

that pursuant to an advertisement issued in the year 2006 Patna High Court CWJC No.10440 of 2020 dt.16-11-2021

for appointment of Panchayat Teachers and also by virtue

of an order passed by this Court, the appointment process

was begun and concluded. A merit list was prepared in

which the name of the petitioner stood at Serial No. 8. The

persons from Serial No. 1 to 7 were appointed as

Panchayat Teachers. However, in the year 2016 the

candidate at Serial No. 1 resigned and one place fell

vacant. The petitioner wants a direction to respondent no.

2 for appointing him on the said post.

The aforesaid prayer cannot be allowed for the

simple reason that there is nothing on record to indicate

that the merit list prepared pursuant to an advertisement

of 2006 subsisted after the appointment on all such posts

were made. In case a place has fallen vacant, it would be

open for the authorities to undertake a fresh exercise

towards filling up of vacant posts.

As such no direction can be issued to anyone of

the respondents with respect to the prayer made on behalf

of the petitioner.

Patna High Court CWJC No.10440 of 2020 dt.16-11-2021

Nonetheless, it would be open for the petitioner to

approach the concerned authorities/respondent no. 2 and

make a request for his engagement on the post which has

fallen vacant and the concerned authority shall, if at all it

is permissible, consider such a request and pass orders in

accordance with law.

Needless to clarity that no positive direction is

being issued by this Court for engaging the petitioner on

the post which has fallen vacant.

The petition stands disposed off accordingly.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          18.11.2021
Transmission Date