Patna High Court
Md. Zakir Hussain vs The State Of Bihar on 4 January, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16204 of 2019
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Md. Zakir Hussain S/o Alo Mohammed Resident of Village Bhelha,
Panchyat- Birpur, P.S.- Lalmaniyan, Birpur Barapatti, Pindrain, Dist-
Madhubani, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education Department.
2. The Director, Jan Shiksha, Bihar.
3. The District Magistrate, Madhubani.
4. The Regional Education Deputy Director, Madhubani.
5. The District Education Officer, Madhubani.
6. The District Programme Officer, Madhubani.
7. The Block Education Officer, Madhubani.
8. Sankul Coordinator, Middle School, Khutuna, Madhubani.
9. The Principal, Middle School, Khutuna, Madhubani.
10. Md. Imran Ahmed S/o Md. Farukh Village Belha, P.O. Birpur, Barapatti,
Block- Khutuna, District- Madhubani.
11. Rukhsana Khatoon W/o Abdul Raseed Village Belha, P.O. Birpur, Barapatti,
Block- Khutuna, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Alka Verma
For the Respondent/s : Mr.Smt.Shilpa Singh (Ga12)
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL JUDGMENT
Date : 04-01-2024
1. Heard learned Counsel for the parties concerned.
2. The present writ application has been filed seeking
following relief :-
"(i) For issuance of direction/ directions,
order/ orders commanding upon the
respondents to make fresh appointment of
Shiksha Swayamsewak of Talimi Markaz of
Patna High Court CWJC No.16204 of 2019 dt.04-01-2024
2/4
Prathmik Maktab, Bhelha, Khutauna,
Madhubani after setting aside the illegal
appointments of the respondents no. 10
and 11 and take appropriate action against
the respondents who have made these
appointments without following the
guidelines."
3. The Talimi Markaz Shikshak Swayam Sevi is
appointed under the scheme on contract basis for one year, as
was done in the case of Tola Sewak and the post of Talimi
Markaz Shikshak Swayam Sevi is not statutory and no
recruitment rules are followed for their appointment.
4. A Co-ordinate Bench of this Court, in the matter of
Tola Sewak, in C.W.J.C. No. 18107 of 2016 (Raj Choudhary v.
The State of Bihar and others), has held as follows:
" The learned counsel for the
respondents has raised a preliminary
objection regarding maintainability of
the present writ petition and has
referred to a judgment dated
17.08.2015
passed by a co-ordinate
Bench of this Court in CWJC No.
12390 of 2015 as well as to a judgment
dated 02.02.2017 rendered by the
learned Division Bench of this Court
in L.P.Α. No. 2185 of 2015 whereby
Patna High Court CWJC No.16204 of 2019 dt.04-01-2024
and whereunder it has been held that
since the selection or engagement or
hiring of the Tola Sevak is not a
permanent appointment under the
State, which is required to be
considered under Article 226 of the
Constitution of India as well as since
the post of Tola Sevak is under a
scheme, the same does not create any
statutory right in favour of the
petitioner, hence writ petitions in such
matters as that of Tola Sevaks are not
maintainable. Having regard to the
aforesaid judgments rendered by a
coordinate Bench of this Court as also
by the learned Division Bench of this
Court, this Court is of the opinion that
the present writ petition is not
maintainable, hence the same is
dismissed. However, liberty is granted
to the petitioner to take recourse to
such other remedies as are available
under the law."
5. The aforesaid order passed by a co-ordinate Bench
of this Court presided over by Hon'ble Single Judge in the case
of Raj Choudhary (supra) has been affirmed by a Division
Bench of this Court holding that the said writ petition is not
Patna High Court CWJC No.16204 of 2019 dt.04-01-2024
maintainable.
6. Taking into consideration the aforesaid judgment of
a co-ordinate Bench of this Court and the fact that Talimi
Markaz Shikshak Swayam Sevi does not hold civil post as well
as the same is not a statutory post, I also come to the conclusion
that the present writ application is not maintainable and
accordingly, the same is dismissed.
(Anil Kumar Sinha, J)
rinkee/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.01.2024
Transmission Date NA
