Hasina Begum v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4475 of 2019 ====================================================== Hasina Begum W/o Md. Shaklen, Resident of Village-Kathgara,P.O. Bhavdeva,P.S. Salkhua Dist.-Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,Department of Human Resources Development,Bihar,Patna 2.

The Principal Secretary, Department of Human Resources Development, Bihar, Patna 3.

The Director, Mass Education, Bihar,Patna 4.

The Joint Secretary, Department of Education, Bihar,Patna. 5.

The District Magistrate, Saharsa 6.

The Regional Deputy Director of Education, Koshi Division,Saharsa 7.

The District Education Officer Saharsa 8.

The District Education Officer (Saksharta and Madhyamik Education),Saharsa 9.

The Block Development, Officer, Block, Saharsa 10.

The Block Education Extension Officer, Block Salkhua 11.

The Headmaster,Middle School Village and P.O. Katghara,Block and P.S. Salkhua,Dist.-Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-11-2023 Heard learned Counsel for the parties concerned. The petitioner is seeking appointment as Shikshak Swayam Sevi in Talimi Markaz Middle School, Katghara, Salkhua. The 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 Shikshak Swayam Sevi is not

Patna High Court CWJC No.4475 of 2019(4) dt.30-11-2023 2/3 statutory and no recruitment rules are followed for their appointment.

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.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.

Patna High Court CWJC No.4475 of 2019(4) dt.30-11-2023 3/3 take recourse to such other remedies as are available under the law."

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.

Taking into consideration the aforesaid judgment of this Court and the fact that 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 writ application is not maintainable.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √