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Patna High CourtCWJC/6425/2019disposed

Sangam Kumar Das v. The State Of Bihar

2019-04-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6425 of 2019 ====================================================== Sangam Kumar Das, Son of Hira Lal Das @ Heeralal Das Resident of Village-Saidpur, P.O.-Saidpur, Police Station-Gopalpur, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector cum District Magistrate Bhagalpur, District-Bhagalpur. 3.

The R.T.I. Officer, cum District Kalyan Officer, Naugachiya, Bhagalpur. 4.

The Block Development Officer Naugachiya, District-Bhagalpur. 5.

The District Education Officer, Bhagalpur, Disrict-Bhagalpur. 6.

The Sub-Divisional Officer, Naugachiya, District-Bhagalpur. 7.

The Block Development Officer, Naugachiya District-Bhagalpur. 8.

Anita Kumari W/o Sanjeev Harijan Resident of Village-Saidpur, P.O.- Saidpur, Police Station-Gopalpur, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeet Jha Mr.Rajesh Kumar Pandey For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (AAG15) For Mahadalit Vikas Mission:

Mr. Rakesh Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-04-2019

1. Learned counsel for the petitioner is permitted to add the Bihar Mahadalit Vikas Mission as party respondent no. 9 during the course of the day.

Patna High Court CWJC No.6425 of 2019(2) dt.23-04-2019 2/3

2. Heard the learned counsel for the parties.

3. The petitioner is aggrieved by the selection of the private-respondent no. 8 on the post of Vikas Mitra on the ground of petitioner having obtained higher marks than the private-respondent no. 8.

4. It has been submitted on behalf of the petitioner that despite the petitioner being placed at serial no. 3 and private-respondent no. 8 at serial no. 4, having obtained lesser marks than the petitioner, the BDO, Gopalpur recommended for the appointment of private-respondent no. 8, who has been appointed by the SDO, Naugachiya. As against the aforesaid selection, the petitioner has made a complaint before the District Magistrate, Bhagalpur, which has yet not been disposed off.

5. Under the aforesaid circumstances, this Court directs the petitioner to make a fresh representation before the District Magistrate, Bhagalpur within a period of four weeks from today, who, on receipt of such representation, shall, after hearing the parties, including the privaterespondent no. 8, pass a reasoned order in accordance with

Patna High Court CWJC No.6425 of 2019(2) dt.23-04-2019 3/3 law within a further period of eight weeks thereafter.

6. If the petitioner feels aggrieved by the order of the Collector, he would have the opportunity of appealing the order before the Director, Bihar Mahadalit Vikash Mission, Government of Bihar, Patna.

7. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U