Kailash Ravi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14772 of 2015 ====================================================== Kailash Ravi son of Late Patwari Ravidas, Resident of Village- Pachma ward no.14, P.O.- Marwa, via- Gurubazar, P.S.- Korha, District- Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Katihar.

3.

The District Education Officer, Katihar 4.

The District Programme Officer, Secondary Education-cum-Literacy, Katihar.

5.

The Block Education Officer, Korha Block, Katihar 6.

The Programme Co-Ordinator Block, Korha Block, Katihar 7.

The Head Master, Primary School, Pachma, Anchal- Korha, DistrictKatihar. 8.

Sajan Kumar Chaudhary @ Ravindra Kumar Chaudhary Son of Janak Lal Chaudhary, Resident of Village- Madhura Millik Ward No.12, P.O. Marwa, P.S. Korha, District- Katihar. At present working as Tola Sewak, Primary School Pachma, Anchal Korha District- Katihar. 9.

Shambhu Kumar Das son of Vishnu Deo Ravidas, Resident of VillagePachma, Ward No. 12, P.S.- Korha, P.O. Marwa, District- Katihar, at present working as Tola sewak, Primary School Pachma, Anchal- Korha, DistrictKatihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Respondent/s :

Mr.Kumar Alok- Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-01-2023 The present writ application ha been preferred by the petitioner for a direction to the respondents to appoint the petitioner on the post of Tola Sewak in the Primary School, Pachma, Circle Korha, in the district of Katihar, under Akshar Anchal Yojana.

Learned Counsel for the petitioner submits that the

Patna High Court CWJC No.14772 of 2015(3) dt.12-01-2023 2/3 District Programme Officer, Katihar invited applications for appointment on the post of Tola Sewak in the villages of Katihar. Pursuant thereto, the petitioner applied against the two posts of Tola Sewak in the Primary School, Pachma, Circle Korha, in the district of Katihar. One Sajan Kumar Choudhary, respondent no. 8, has been appointed on the post of Tola Sewak in place of the petitioner after accepting his application on back date and without counselling and despite the fact that Tola Samiti issued appointment letter in favour of the petitioner.

Learned Counsel for the State, referring to paragraph 5 (ix) of the counter affidavit, submits that upon bare perusal of the appointment letter produced by the petitioner (Annexure-3), it would transpire that the same has been signed by one Lalita Devi, as Chairman of the Tola Samiti. The Said Lalita Devi was never selected as the Chairman of the Tola Samiti. He further submits that the signature of the Headmaster on the appointment letter allegedly issued in favour of the petitioner is also forged and this fact would be established by the letter issued by the said Headmaster, dated 22.10.2013, in favour of the District Programme Officer, Katihar.

I have heard learned Counsel for the parties concerned and have gone through the materials available on record.

Patna High Court CWJC No.14772 of 2015(3) dt.12-01-2023 3/3 Taking into consideration the statement made in the counter affidavit that the appointment letter of the petitioner does not bear the signature of the Chairman of the Tola Samiti, in my opinion, no direction can be issued to the respondents for appointment of the petitioner on the post of Tola Sewak. This application is, accordingly, dismissed.

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