Patna High Court
Nitu Kumari vs The State Of Bihar on 29 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1316 of 2021
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1. Nitu Kumari, aged about 31 years, Gender-Female, W/o Rakesh Kumar
Singh, Resident of Village- Prabhunath Nagar, Chapra P.S.- Chapra
Muffasil, District- Saran.
2. Dheeraj Kumar Singh, aged about 38 years, Gender-Male, S/o Nagendra
Singh, Resident of Yadopur Road, Sareya Ward No.5, P.S.- Gopalganj
(Town), District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, New Secretariat, Patna.
2. The Director, Primary Education, Government of Bihar, New Secretariat,
Patna.
3. The District Collector, Gopalganj.
4. The District Education Officer, Gopalganj.
5. The District Program Officer (Establishment), District- Gopalganj.
6. The Block Education Officer, Gopalganj.
7. The Block Employment Committee of Prakhand Teacher, through its
Member Secretary cum Executive Officer, Panchayat Samiti cum Block
Development Officer, Kuchaykote, District- Gopalganj.
8. The Block Development Officer, Kuchaykote, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Respondent/s : Mr. Lalit Kishore, AG
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
Date : 29-03-2022
The case is being taken up from defect side.
Patna High Court CWJC No.1316 of 2021 dt.29-03-2022
Learned counsel for the petitioners is directed to submit
the original petition along with attested affidavits and also remove
all the defects pointed out by the Registry within two weeks from
today.
Admittedly, the advertisement for the post of Prakhand
Teacher was issued in the year 2008 and 207 posts were
advertised. The case of the petitioners are that 38 posts remain
unfilled. A select list cannot be said to be alive for 14 years, the
State Government has chosen not to fill up the remaining
vacancies. Under the advertisement of 2008, after 14 years, this
Court would not direct the State or its authorities to fill up the said
posts. The petitioners and other candidates may have also become
overage by now.
Even otherwise, in view of the law laid down in the case
of Shankarsan Dash v. Union of India reported as AIR 1991 SC
1612, no right of appointment is vested in favour of the petitioners
merely because they had applied under the said advertisement. The
State Government and its authorities have exclusive right not to fill
up the posts, of course, for cogent reasons.
Considering the aforesaid aspects, this Court does not
find any reasons to pass orders to direct the State or its authorities
to fill up the posts after a period of 14 years.
Patna High Court CWJC No.1316 of 2021 dt.29-03-2022
The writ petition is accordingly, dismissed.
(Sanjeev Prakash Sharma, J)
Anand Kr.
AFR/NAFR
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