Patna High Court
Digvijay Narayan Singh vs The State Of Bihar And Ors on 3 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.661 of 2017
In
Civil Writ Jurisdiction Case No.11139 of 2012
======================================================
Digvijay Narayan Singh S/o Raj Ballav Singh, Resident of Village- Darmiya,
P.S.- Keshariya, District- East Champaran.
... ... Appellant/s
Versus
1. The State Of Bihar through the Commissioner cum Secretary, Human
Resources Department, Government of Bihar, Patna.
2. The District Magistrate, East Champaran.
3. The Block Development Officer, Kalyanpur, East Champaran.
4. The Block Education Officer, Kalyanpur, East Champaran.
5. The Mukhiya, Gram Panchayat- Raghunathpur, East Champaran.
6. The Panchayat Secretary, Gram Panchayat Raghunathpur, East Champaran,
Motihari.
7. The District Teacher Employment Appellate Authority, East Champaran.
8. Prem Narayan, Son of Satrudhan Tiwari, Resident of Village P.O.-
Grawandra Block, P.S.- Kalyanpur, District- East Champaran.
9. Binod Chaurasiya, Son of Jojhu Bhagat, Resident of Village- Bakhari, Post-
Koela Belwa, P.S.- Barachakia, District- East Champaran, Motihari, Pin-
845412.
10. Rameshwar Sah, Son of late Kanu Sah, Resident of village- Komala Belwa,
Prakhand- Kalyanpur, District- East Champaran.
... ... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No. 3946 of 2018
In
Letters Patent Appeal No.661 of 2017
======================================================
Digvijay Narayan Singh S/o Raj Ballav Singh, Resident of Village- Darmiya,
P.S.- Keshariya, District- East Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar through, Mr. R. K. Mahajan, the Commissioner Cum
Secretary, Human Resources Department, Government of Bihar, Patna
2. Mr. Raman Kumar, The District Magistrate, East Champaran.
3. Mr. Saroj Kumar, The Block Development Officer, Kalyanpur, East
Champaran.
4. Mr. Mohan Prasad, The Block Education Officer, Kalyanpur, East
Champaran.
Patna High Court L.P.A No.661 of 2017 dt.03-01-2023
5. Smt. Punam Kumari, The Mukhiya, Gram Panchayat- Raghunathpur, East
Champaran.
6. Mr. Mahant Prasad Sah, The Panchayat Secretary, Gram Panchayat
Raghunathpur, East Champaran, Motiha
7. Mr. Chandra Shekhar Singh, The District Teacher Employment Appellate
Authority, East Champaran.
8. Prem Narayan, Son of Satrudhan Tiwari, Resident of Village P.O.-
Grawandra Block, P.S.- Kalyanpur, District- East Champaran.
9. Binod Chaurasiya, Son of Jojhu Bhagat, Resident of Village- Bakhari, Post-
Koela Belwa, P.S.- Barachakia, District- East Champaran, Motihari, Pin-
845412.
10. Rameshwar Sah, Son of late Kanu Sah, Resident of village- Komala Belwa,
Prakhand- Kalyanpur, District- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
(In Letters Patent Appeal No. 661 of 2017)
For the Appellant/s : Mr. Siya Ram Shahi, Advocate
For the State : Mr. Shashi Shekhar Tiwary, AC to AAG-13
For Private Respondent : Mr. Gyan Prakash, Advocate
Mr. Rakesh Kumar, Advocate
For Respondent No. 8 : Mr. Upendra Kumar Chaubey, Advocate
For Respondent No. 9 : Mr. Sanjay Kumar Shosarvey, Advocate
(In Miscellaneous Jurisdiction Case No. 3946 of 2018)
For the Petitioner/s : Mr.Virendra Kuar
For the Opposite Party/s : Mr.Ashutosh Ranjan Pandey
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 03-01-2023
L.P.A. No. 661 of 2017
Heard learned counsels for the parties.
In the instant L.P.A., appellant has assailed the
order of the learned Single Judge dated 16.03.2017 passed in
C.W.J.C. No. 11139 of 2012.
Rameshwar Sah-petitioner in C.W.J.C. No. 11139
Patna High Court L.P.A No.661 of 2017 dt.03-01-2023
of 2012, appellant-Digvijay Narayan Singh who was respondent
no. 8 in the writ petition, Prem Narayan and Binod Chaurasiya
were Respondent Nos. 9 and 10 respectively in the writ petition.
All the four persons were candidates for recruitment to the post
of Panchayat Teachers.
Rameshwar Sah's grievance in the writ petition
was that he was entitled to be accommodated against BC
category while shifting Respondent No. 10- Binod Chaurasiya
to the general category having regard to the merit of his case.
Appellant- Digvijay Narayan Singh whose claim is under
general category has secured 490 out of 1000. Similarly,
Respondent No. 10 Binod Chaurasia who had claimed under BC
category has secured 540 marks out of 1000. If the percentage
of marks is over all taken, appellant has secured lesser than 10 th
Respondent. One and only criteria is the aforesaid marks and
there are no interview marks. Therefore, 10th Respondent- Binod
Chaurasia having regard to the comparative merit with the
appellant, is entitled to be accommodated against general merit
category. Taking note of these material information learned
Single Judge has allowed C.W.J.C. No. 11139 of 2012 filed by
Rameshwar Sah.
Learned counsel for the appellant vehemently
Patna High Court L.P.A No.661 of 2017 dt.03-01-2023
submitted that once 10th Respondent has claimed under BC
reservation he cannot be accommodated in the general merit.
Said submission cannot be appreciated for the reasons that
selecting authority is required to first prepare merit list
irrespective of reservation. Thereafter, he has to add reserved
candidate with reference to merit. If the aforesaid principle is
adopted in that event 10th Respondent- Binod Chaurasia would
be accommodated in a general category having regard to the
merit of his case.
Learned counsel for the appellant submitted that
two selected candidates and their candidature has been cancelled
for want of material information. In such an event appellant
could be accommodated against one of the vacancies. The
aforesaid contentions cannot be appreciated in view of the
policy decision of the State Government that if the process of
selection and appointment is undertaken to any post, unfilled
vacancies were required to be carried forward to the next
recruitment. Said principle has been reiterated in the case of Bir
Singh Vs. Delhi Jal Board and Others reported in (2018)10
SCC 312.
In the light of aforesaid facts and circumstances,
appellant has not made out a case so as to interfere with the
Patna High Court L.P.A No.661 of 2017 dt.03-01-2023
order of the learned Single Judge dated 16.03.2017 passed in
C.W.J.C. No. 11139 of 2012. Accordingly, the present L.P.A.
stands dismissed.
M.J.C. No. 3946 of 2018
Aforesaid M.J.C. is delinked from L.P.A. No. 661
of 2017. Let the same be listed as per roster after obtaining
orders of the Hon'ble Chief Justice.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
rakhi
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2023
Transmission Date NA
