Bhola Kumar vs The State Of Bihar And Ors
2023 Latest Caselaw 5528 Patna

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9613 of 2011
     ======================================================

BHOLA KUMAR S/O Sri Ramashray Prasad R/O Vill.- Sathaura, P.S.- Jitna, Distt.- East Champaran

... ... Petitioner/s Versus

1. THE STATE OF BIHAR and ORS

2. The District Collector, East Champaran, Motihari

3. The District Panchayat Raj Officer, East Champaran

4. Sub-Divisional Officer, Sikrahana At Dhaka, East Champaran

5. The Block Development Officer, Bankatwa, East Champaran

6. The Mukhiya, Gram Panchayat Raj Jhajhra, East Champaran

7. The Panchayat Secretary Gram Panchayat Raj Jhajhra, East Champaran

8. The Sarpanch, Gram Katchahari, Jhajhra, East Champaran

9. Bhunesh Kumar S/O Ram Janam Singh 'Brajesh' R/O Sathaura, P.O.-

Jhajhra, P.S.- Jitna, Distt.- East Champaran

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Respondent/s : Mr. Manikant Mishra ,GP-25 Mr. Anil Kumar Singh, GP-26 For the Respndent No.9 : Mr. Ranjit Kumar, Adv.

Mr. Dilip Kumar, Adv.

Mr. Kundan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 06-11-2023

Heard learned counsel for the petitioner and

learned counsel appearing for the respondent-State as well

as learned counsel appearing for the respondent No.9.

2. The present writ application has been filed on

behalf of the petitioner for the following reliefs;

"(I) For issuance of a writ in the nature of mandamus commanding and directing the Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

respondents to allow the petitioner to work as a Secretary to the Gram Katachahari, Jhajhra under the Block Bankatw, East Champaran as the petitioner was selected/appointed for the post of Secretary of Gram Katchahari, Jhajhra under Block Bankatwa vide appointment/Employment letter dated 11.11.2007 issued under the signature of Sarpanch, Gram Kachahari Jhajhra as contained in Annexure-4 to this writ application.

(ii) For issuance of a writ in the nature of certiorari for quashing the Order dated 14.12.2007 corresponding to Memo No. 86 dated 14.12.2007 issued under the signature of Sub- Divisional Officer, Sikrahana as contained in annexure-6 to this writ petition whereby and whereunder the learned S.D.O, Sikrahana vide his Order dated 09.12.2007 cancel the appointment/selection of the petitioner and also directed to make appointment/selection of Serial No.1 from the merit list according to Bihar Gram Katchahari Secretary (Employment Service Condition and Duty) Rule, 2007.

(iii) For issuance of a writ in the nature of certiorari for quashig of the Order dated 02.02.2011 passed by the learned Collector, East Champaran in Misc. Appeal Case No. 37 of 2007 (Bhola Kumar Vs. Bhunesh Kumar) as contained in annexure-7 whereby and whereunder confirm the order passed by the S.D.O., Sikrahana (Annexure-

6) and also dismissed the appeal No. 37 of 2007/petition filed by the petitioner."

3. It is apparent from the record that during the

pendency of this writ application, the petitioner has filed an

interlocutory application being I.A. No. 7664 of 2016

challenging the appointment letter dated 13.12.2011

(Annexure-8) by which respondent No.9 has been appointed

on the post of Secretary, Gram Katchahari, Jhajhra under Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

Block Bankatwa after canceling the candidature of the

petitioner.

4. Learned counsel for the petitioner submits

that pursuant to the advertisement, the petitioner and

similarly situated candidates have made application for the

post of Secretary, Gram Katchahari, Jhajhra under Block

Bankatwa and after due consideration, the petitioner has

been selected on the post of Secretary, Gram Katchahari,

Jhajhra under Block Bankatwa and consequently,

appointment letter has been issued in favour of the

petitioner vide letter dated 11.11.2004 (Annexure-4) by the

Sarpanch, Gram Katcharari, Jhajhar. Being aggrieved by the

appointment of the petitioner, respondent No.9 made a

complaint before the S.D.O. Sikrahana, Dhaka who on the

basis of complaint of respondent No.9 and after hearing the

parties canceling the appointment/selection of the

petitioner vide order dated 14.12.2007 (Annexure-6)

directed to make selection of the candidate who is figured at

serial No.1 of the merit list, who was respondent No.9. Being

dissatisfied with the order the S.D.O, Sikrahana, Dhaka, the

petitioner has challenged the veracity of the said order vide

Misc. Appeal No. 37 of 2007 before the District Magistrate, Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

East Champaran, Motihari, who vide order dated 02.02.2011

after hearing the parties has dismissed the appeal of the

petitioner confirming the order dated 14.12.2007 passed by

the S.D.O, Sikrahana at Dhaka.

5. Being left with no option and dissatisfied with

the order dated 02.02.2011, the petitioner has questioned

the said order before this Court by way of the present writ

application.

6. It is the case of the petitioner that as per the

advertisement, he had submitted all the relevant documents

as required in the advertisement, and on due verification

and scrutiny, he has been appointed on the post of Secretary

Gram Katchahari, Jhajhra under Block Bankatwa. Learned

counsel for the petitioner further submitted that the

respondent No.9 has not submitted the relevant documents

at the time of submitting application in terms of the

advertisement for the post of Secretary of Gram Katchahari,

Jhajhra, despite that the S.D.O. Sikrahana at Dhaka has

canceled the appointment of petitioner recommending the

name of respondent No.9 for appointment in place of the

petitioner. He further draws the attention of this Court

towards the fact that according to the advertisement, all Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

candidates were required to submit their attested copies of

their original certificates at the time of filing the application

but it is the admitted position that the respondent No.9 had

not submitted his attested copies of his original certificates

at the time of furnishing his application form, which would

be evident from Annexures-3 and 5 of the writ application

despite that the S.D.O., Sikrahanat at Dhaka as well as

District Magistrate, East Champaran, Motihari failed to

appreciate the aforesaid fact and erroneously passed their

orders which are unjust, improper and arbitrary and

deserve to be quashed.

7. On the other hand, learned counsel for the

respondent-State submits that the impugned order as

contained in Annexures-6 and 7 have rightly been passed by

the S.D.O., Sikrahana at Dhaka and the District Magistrate,

East Champaran, Motihari and there is no infirmity in the

order impugned as the private respondent has submitted all

the attested documents as required in the advertisement at

the time of submission of application.

8. Although respondent No.9 is being represented

through his counsel but it appears from the record that the

private respondent has not filed any affidavit as of now. Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

9. Having heard the submission advanced by the

respective parties, this Court is of the view that admittedly a

merit list of ten candidates has been prepared after the

counseling of the candidates, who were applied for the post

of Secretary of Gram Katchahari, Jhajhra under Block

Bankatwa in which the name of the petitioner has been

figured at serial No.7 with aggregate marks of 68.55% and

the name of respondent No.9 figured at serial No.4 with

aggregate marks of 69.22%. Undoubtedly, the respondent

No.9 is considered to be figured at serial No.1 in the merit

list with marks of 69.22% being the highest amongst the

shortlisted candidates in the counseling and simultaneously,

the name of petitioner got figured at serial No.2 with the

second highest marks of 68.55% amongst the shortlisted

candidates. Here in the case at hands, the moot question is

arisen for the adjudication is whether the candidature of the

respondent No.9 is valid in terms of the advertisement as

according to the case of the petitioner the respondent No.9

has not fulfilled the important instruction of submission of

attested copies of all relevant documents required in terms

of the advertisement, which would be evident from the

Annexure-3, which is a extract of verification register, to this Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

writ application itself wherein it is recorded in the remarks

portion that the respondent No.9 had submitted the attested

copies of his original certificates after verification whereas

the same are required to be submitted at the time of

furnishing of the application for post of Secretary, Gram

Katchahari, Jhajhra under Block Bankatwa. At the same time,

the petitioner has submitted his attested copies of his

relevant certificates at the time of verification.

10. Now, according to the annexure-3, more

particularly, clause 3 of the important instruction given in

the application form (Annexuer-1 series), the candidature of

the respondent No.9 ought to have been canceled or not

considered as being not in consonance with the specific

instruction and once the candidature of respondent No.9

could have been canceled, the petitioner ought to have been

figured at serial No.1 of the merit list and found suitable for

appointment on the post of Secretary, Gram Katchahari,

Jhajhra under Block Bankatwa.

11. In such view of the matter, the impugned

orders contained at annexures- 6 and 7 deserve to be

quashed as respondent Nos.2 and 4 have failed to appreciate

the material fact and erred in passing the impugned orders Patna High Court CWJC No.9613 of 2011 dt.06-11-2023

and the same are accordingly quashed.

12. Accordingly, the respondents-State are directed

to reinstate the petitioner forthwith on the post of Secretary,

Gram Katchahari, Jhajhra under Block Bankatwa.

(Rajesh Kumar Verma, J) Brajesh/-

AFR/NAFR CAV DATE Uploading Date Transmission Date