Safi Ahmad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17983 of 2015 ====================================================== 1.

Safi Ahmad Son of Israil Mia resident of Village- Sidhpur, PO and PSPalanwa, District- East Champaran. 2.

Md. Sohrab Alam, Son of Md. Habib Mia resident of Village- Lachhierma, P.O.- Sareya Bazar, P.S.- Paharpur, District- East Champaran. 3.

Md. Nasruddin Son of Md. Yunus resident of Village- Lagunia P.O.- Mankaria, P.S.- Paharpur, District- East Champaran. 4.

Md. Sipahi Son of Yasin resident of Village- Churihar Tola, P.O.- Sonwal, P.S.- Malahai, District- East Champaran.

5.

Md. Rustam Ali Saifi Son of Md. Jalil Saifi resident of Village- Lagunia P.O.- Mankaria, P.S.- Paharpur, District- East Champaran. 6.

Md. Saleem Son of Sadeeq Miya resident of Village- Lachhierma, P.O.- Sareya Bazar, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Human Resources Development, Government of Bihar.

3.

The Secretary, Department of Education 4.

The Bihar Educational Project Council, Beltron Bhawan, Shastri Nagar Patna 800023.

5.

The State Project Director, Beltron Bhawan, Shastri Nagar, Patna 800023. 6.

The Programme Officer, Bihar Educational Project Council, Beltron Bhawan, Shastri Nagar, Patna 800023.

7.

The District Magistrate, East Champaran.

8.

The District Education Officer cum District Programme Co-ordinator, East Champaran.

9.

The District Programme Officer (Sarva Shiksha Abhiyan/Literacy) East Champaran.

10.

The Block Education Officer, Paharpur Block, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. R.N. Prasad, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2024

1. The petitioners have filed the instant application

Patna High Court CWJC No.17983 of 2015(2) dt.09-02-2024 2/3 for the following relief(s):- "1. [A] For issuance of an appropriate writ, order or direction for commanding the respondents to absorb/select the petitioners as Saksharta Swayam Sewak under "Mahadalit, Extremely Backward Class and Muslim Female Akchhar Anchal Yajna" as they were trained and worked as Shiksha Swayam Sewak in Talimi Markaz have been left out by the authorities concerned.

[B] For any other relief and reliefs for which the petitioner is entitled in the opinion of this Hon'ble High Court."

2. Learned counsel for the respondents submits that Division Bench of this Court has passed the order dated 2.2.2017 in L.P.A no. 2185 of 2015 (Ram Lakhan Ram vs. the State of Bihar & Ors). The same is extracted herein below:- "Condonation of 18 days is allowed.

I. A. No. 9488 of 2015 is also allowed.

However, so far as the merits of the matter is concerned, the appeal is dismissed, because the selection or engagement or hiring of the Tola Sewak is not any permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India. The order impugned does not suffer from any illegality.

Appeal is dismissed."

3. As no one appears on behalf of the petitioners, the

Patna High Court CWJC No.17983 of 2015(2) dt.09-02-2024 3/3 case is dismissed for non prosecution.

(Partha Sarthy, J) Shiv/- U