Arbind Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3997 of 2020 ====================================================== Arbind Kumar Bharti Son of Late Ram Deo Singh, resident of VillageMansoor Chak, Ward No. 9, Purani Bazar, P.S. Lakhisarai, DistrictLakhisarai, presently posted as Senior Teacher, Mahila Vidya Mandir, Lakhisarai.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Addl. Chief Secretary, Education Department, Patna.
2.
The Director, Secondary Education, Bihar, Patna. 3.
The District Magistrate, Lakhisarai.
4.
The Superintendent of Police, Lakhisarai.
5.
The District Education Officer, Lakhisarai.
6.
The Sub-Divisional Magistrate, Lakhisarai.
7.
The Chairman Bihar School Examination Board, Patna, Bihar. 8.
The Secretary, Bihar School Examination Board, Patna, Bihar. 9.
The Chairman, Madhyamik Shikshak Sangh, (Lakhisarai Unit), Lakhisarai. 10.
The Secretary, Madhyamik Shikshak Sangh, (Lakhisarai Unit), Lakhisarai. 11.
Sunaina Kumari Wife of not known presently posted as D.E.O. Lakhisarai, District- Lakhisarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Mr. Ram Vinay Prasad Singh For the Respondent/s :
Mr.Madhaw Pd. Yadaw (Gp23) Ms. Meera Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Mr. Sanjay Kumar, learned counsel for the petitioner has submitted that now examination is over and as such the issue as to appointment of Centre Superintendent in the exam concerned has lost its relevance but his grievance is that the Board cannot act arbitrarily in the matter of appointment of
Patna High Court CWJC No.3997 of 2020(2) dt.26-02-2020 2/2 Centre Superintendent.
Learned counsel appearing on behalf of the petitioner submits that petitioner's rank is fourth in the seniority in whole of State as apparent from Annexure-4 but ignoring the seniority position of the petitioner, instead of petitioner, junior of the petitioner has been favoured for the posting as Centre Superintendent. He submits that the writ petition may be disposed of with a direction to the Examination Board that they should respect the seniority in the matter of appointment of Centre Superintendent in all examination conducted by the Bihar School Examination Board in future.
Considering the aforesaid, the writ petition is disposed of with a direction to the Chairman of the Bihar School Examination Board that he will strictly follow the seniority in the matter of posting of Centre Superintendent and in the event, it is found that in future seniority has been ignored in the matter of posting of Centre Superintendent then the lapse shall be viewed as gross contempt of this Court.
(Anil Kumar Upadhyay, J) Ravi/- U