Ruksana Khatun @ Roksana Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5029 of 2024 ====================================================== Ruksana Khatun @ Roksana Khatun W/o - Md. Tabrej, Resident of Village - Pipra Asli, P.O.- Balthi Narhar, P.S. - Shahebganj, Block - Shahebganj, District - Muzaffarpur, State - Bihar, PIN - 843125. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Bihar, Patna. 3.

The Director, Primary Education, Education Department, Bihar, Patna. 4.

The Director, Mass Education, Education Department, Bihar. 5.

The District Education Officer, Muzaffarpur.

6.

The District Programme Officer, (Literacy), Muzaffarpur. 7.

The Block Development Officer, Shahebganj, Muzaffarpur. 8.

The Block Education Officer, Shahebganj, Muzaffarpur. 9.

The Incharge Head Master, Upgraded Middle School Pipra Asli, Block - Shahebganj, District - Muzaffarpur.

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

For the Petitioner :

Mr. Nalin Kumar, Advocate For the State :

Mr. Government Pleader 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2024 Heard learned counsel for the parties.

2. The present writ application has been filed seeking a direction upon the respondent-Authorities to appoint the petitioner on the post of Shiksha Sevak (Talimi Markaj) under Ward No. 10, Village- Pipra Asli, Gram Panchayat- Raj Saraiya, Block- Sahebganju, District- Muzaffarpur.

3. At the outset, learned counsel appearing on behalf of the State raised preliminary objection to the maintainability of this writ application and submits that Shiksha Sevak is not a

Patna High Court CWJC No.5029 of 2024(2) dt.29-10-2024 2/3 statutory post in nature and 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.5029 of 2024(2) dt.29-10-2024 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 Shiksha 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) shashank/- U