Nilam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18905 of 2016 ====================================================== Nilam Kumari D/o Sri Baleshwar Chaudhary Resident of village - Saidabad, P.S. - Kakopali, District - Jehanabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Education, Govt. of Bihar, Patna 3.

The District Magistrate, Jehanabad.

4.

The District Education Officer, Literacy, Department of Education, Jehanabad.

5.

The District Programme Officer, Literacy Department of Education, Jehanabad.

6.

The Block Education Officer, Kakopali Block, District Jehanabad. 7.

The Head Master, Upgraded Middle School, Saidabad under Block of Kakopali District Jehanabad.

8.

The Co-ordinator, B.R.C. Block - Kakopali, District - Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amaresh Kumar For the Respondent/s :

Mr.Jitendra Kumar Roy No-1 Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2024 Heard learned Counsel for the parties concerned.

2. The petitioner has filed this writ application for a direction to the respondent authorities to accept her joining and allow her to work as Tola Sewak.

3. The Tola Sewak is appointed under the scheme on contract basis for one year. The post of Tola Sewak is not statutory and no recruitment rules are followed for their appointment.

4. A co-ordinate Bench of this Court, in the similar

Patna High Court CWJC No.18905 of 2016(2) dt.10-05-2024 2/3 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.A. No.

2185 of 2015 whereby 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."

Patna High Court CWJC No.18905 of 2016(2) dt.10-05-2024 3/3

5. The order passed by the co-ordinate Bench presided 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 Sewak 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, the petitioner is given liberty to take recourse to such other remedy as is available under the law. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √