Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4071 of 2024 ====================================================== Sunita Kumari Wife of Santosh Paswan, Resident of village- Makdampur, ward no. 04, Panchayat- Samsa- 2, Block and P.S.- Mansoorchak DistrictBegusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary Department of Education, Govt. of Bihar, Patna.

2.

The Director, Jan Siksha Department of Education Govt. of Bihar, Patna. 3.

The State Programme Officer, Bihar Education Project Council Patna. 4.

The District Magistrate Begusarai.

5.

The District Education Officer, Begusarai.

6.

The District Programme Officer, Secondary Education cum Literacy Begusarai.

7.

The Block Development Officer Mansoorchak, Begusarai. 8.

The Block Education Officer, Mansoorchak, Begusarai. 9.

The Head Master Primary School Rakhout Mushahari Samsa- 2, BlockMansoorchak P.S.- Mansoorchak Dist.- Begusarai. 10.

The Laxmi Kumari, Daughter of Jagarnath Paswan, Resident of villageRamouli Block and P.S.- Nawkothi Dist.- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the State :

Mr. Standing Counsel 19 For the BEPC :

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2024 Heard learned counsel for the parties.

2. The petitioner has filed the present writ application for issuance of a writ in the nature of mandamus to allow her to work and discharge her duties as a Tola Sevak in the concerned school/centre.

3. The Tola Sevak is not a statutory post in nature and

Patna High Court CWJC No.4071 of 2024(2) dt.22-10-2024 2/3 no recruitment rules are followed for their appointment. It arises under the scheme and the appointment is contractual for one year.

4. A Co-ordinate Bench of this Court, in the matter of Tola Sewak, in CWJC No. 18107 of 2016, 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 and where under 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."

5. The order passed by the co-ordinate Bench presided

Patna High Court CWJC No.4071 of 2024(2) dt.22-10-2024 3/3 over by Hon'ble Single Judge in the aforesaid writ application has been affirmed by a Division Bench of this Court, holding that the writ petition is not maintainable.

6. Taking into consideration the aforesaid judgment of this Court and the fact that Tola Sevak does not hold civil post as well as the same is not a statutory post, I also come to the conclusion that the writ application is not maintainable.

7. This application is, accordingly, dismissed.

8. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law. (Prabhat Kumar Singh, J) Navya/- U