Hina Azim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6754 of 2019 ====================================================== 1.

Hina Azim Wife of Md. Khalid Azim Resident of Muhalla- Ebadullahchak, P.S. Parsa Bazar, District- Patna.

2.

Dolly Hussain Wife of Guddu Hussain Resident of Village Madhopur, P.S. Phulwarisharif, District Patna.

3.

Farhat Jahan, Wife of Md. Shakil Alam, D/o Md. Salauddin, Resident of Muallah Nohsa, P.S. Phulwarisharif, District Patna. 4.

Talat Ara, Wife of Md. Iltaf Resident of Mullah Nohsa, P.S. Phulwarisharif, District Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Bihar, Patna. 3.

The Director, Mass Education, Department of Education, Bihar, Patna. 4.

The District Education Officer, Patna.

5.

THe District Education Officer, Patna.

6.

District Programme Officer (Literacy) Patna 7.

Block Education Officer, Phulwarisharif Block, Patna. 8.

Headmaster, Government of Primary School, Nihura, Phulwarisharif, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Smt. Binta Singh ( Sc28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2023

1. Heard learned Counsel for the parties concerned.

2. The petitioner, by filing the present writ application, has prayed for quashing of the order, dated 05.02.2019, passed by the District Programme Officer (Literacy), Patna, by which the petitioner has been removed from the post of Talimi Makaz.

Patna High Court CWJC No.6754 of 2019(3) dt.04-12-2023 2/3

3. The Talimi Markaz 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 Talimi Markaz Shikshak Swayam Sevi is not statutory and no recruitment rules are followed for their appointment.

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.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

Patna High Court CWJC No.6754 of 2019(3) dt.04-12-2023 3/3 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."

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. Taking into consideration the aforesaid judgment of this Court and the fact that Talimi Markaz 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.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) harshpandey/- U