Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3547 of 2020 ====================================================== 1.

Rabindra Kumar Son of Late Dean Dayal Das, resident of Naya Bazar, Paswan Tola, Ward No. 03, P.O.- Bencha, P.S. and District- Saharsa. 2.

Deepak Kumar, Son of Bechan Paswan, resident of Sarahi Paswan Tola, Ward No. 03, Saharsa, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna.

2.

The Joint Director Agriculture (Extension), Department of Agriculture, Government of Bihar, Patna.

3.

The District Magistrate, Saharsa.

4.

The District Agriculture Officer, Saharsa.

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

For the Petitioner/s :

Mr. Vijay Kumar Mukul, Adv For the Respondent/s :

Mr. Mithilesh Kumar Singh, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-01-2024 Counsel for the petitioners and Counsel for the State present.

2. Counsel for the petitioners submits that present writ petition has been filed for directing the respondent to issue appointment letter in favour the petitioners to allow them to join them as 'Kishan Salahakar' for which the petitioners have applied pursuant to advertisement made by vide Memo No. 633 dated 09.10.2014.

3. Counsel for the petitioners submits that as per the shortlisted merit list, the name of the petitioners was figured at

Patna High Court CWJC No.3547 of 2020(2) dt.11-01-2024 2/3 Sr. 32 under EBC category and Sr. No. 30 under S.C. category, but till date appointment has not been made

4. Counsel submits that in the counter affidavit, the State has taken the stand that selection process has already been stopped by virtue of Letter No. 416 dated 01.09.2015. But counsel submits that in the District Saharsa, the petitioners have obtained information under Right to Information Act, 2005 which he received from the Office of District Agriculture Office, Saharsa vide its letter no. 1307 dated 16.09.2017 that vacancy of Kisan Selahkar still exists in the District of Saharsa which created cause of action for the petitioners to pursue before this Court.

5. Counsel for the States submits that selection process has already been stopped by the order of the Principal Secretary, but he submits that according to the rules framed for the purpose for the selection of Kisan Salahkar, if there is any grievance, there is a provision of filing representation/appeal before the District Magistrate.

6. In this view of the matter, this writ petition is disposed of directing the petitioners to file their representation/appeal before District Magistrate, Saharsa raising all points which they have raised in the writ petition and District

Patna High Court CWJC No.3547 of 2020(2) dt.11-01-2024 3/3 Magistrate, Saharsa is directed to pass reasoned and speaking order within 90 days from the date of production of this order along with representation filed by the petitioners before him. (Dr. Anshuman, J) Sunnykr/- U