Amar Kumar v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6479 of 2025 ====================================================== Amar Kumar S/o Sri Ashok Ram, R/o Bus Paraw, Gandhi Maidan, Ward No. 29, P.S. Aurangabad, Dist- Aurangabad, Bihar- 824101. ... ... Petitioner/s

Versus

1.

State of Bihar through Principal Secretary, Department of SC and ST Welfare, Government of Bihar.

2.

The Mission Director, Bihar Mahadalit Vikas Mission, Block 3, Secretariat, Patna.

3.

The Additional Chief Secretary, General Administration Department, Government of Bihar.

4.

The Divisional Commissioner, Magadh, District- Gaya 5.

The District Magistrate, Aurangabad, District- Aurangabad 6.

The S.D.O., Sadar, Aurangabad, District- Aurangabad 7.

The Circle Officer, Aurangabad, District- Aurangabad 8.

Sanjit Kumar, S/o Jageshwar Dom, R/o Arwal, Arwal, Arawal, Bihar804401. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC9 For the BMVM :

Mr. Ranjeet Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the Bihar Mahadalit Vikas Mission.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- "I. For issuance of appropriate writ/orders/direction to Respondents to include the name of Petitioner in the merit list dated

2/4 23.12.2024 for appointment of 'Vikas Mitra' in pursuant thereof the advertisement No. PR-014502 (Welfare) 2024-25 as Petitioner duly qualified by scoring 62.4 marks and third rank wherein the first rank holder has declined to join the position and second rank holder is not eligible as per the eligibility criteria of local residence.

II. For issuance of writ in nature of mandamus directing the Respondents to include the name of Petitioner in the merit list prepared in accordance with the criteria prescribed under advertisement No. PR-014502 (Welfare) 2024-25 thereby issuing direction/directions III. For issuance of appropriate writ/orders/direction to Respondents to declare the Petitioner as qualified candidate and appoint Petitioner as the 'Vikas Mitra' in pursuant thereof the advertisement No. PR-014502 (Welfare) 202425. IV. For issuance of appropriate writ/orders/direction to Respondents to set aside the appointment of Second Rank holder as the person concerned does not fulfill the eligibility criteria.

V. For issuance appropriate writ in the nature of certiorari for setting aside the report dated 04.02.2025 issued under the signature of Circle Officer, Aurangabad as the same is merely a table work not based on documents and not prepared by the authorized person therefore it

3/4 cannot be acted upon.

VI. For issuance of appropriate writ / orders / direction to Respondents to act upon the representation filed by the Petitioner before the S.D.O. Sadar Aurangabad and representation dated 11.02.2025 before Divisional Commissioner, Gaya Bihar and appoint the Petitioner as the Vikas Mitra in pursuant thereof the advertisement No. PR-014502 (Welfare) 2024-25.

VII. For issuance of direction / directions to stay the process of selection and not to declare final merit list in pursuance of advertisement No. PR-014502 (Welfare) 2024-25 till the disposal of instant application."

3. Learned Counsel for the Bihar Mahadalit Vikas Mission submits that the Government of Bihar has formulated Vikas Mitra Selection Guidelines according to which any grievance relating to appointment of vikas mitra has to be made before the District Magistrate/Officials of Mission.

4. Counsel for the Mahadalit submits that the petitioner has already filed representation before the District Magistrate through registered post, which is apparent from Annexure-9 of the writ petition.

5. In this view of the matter, the present writ petition is hereby disposed off directing the District Magistrate, Aurangabad (respondent No.5) to pass a reasoned and speaking

4/4 order on the representation, which has already been filed by the petitioner, within 90 days from the date of production of this order.

6. It is made clear that petitioner shall be at liberty to file supplementary representation along with this order.

7. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U