Raj Kumar Pal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16719 of 2014 =========================================================== Raj Kumar Pal, son of Late Shiv Balak Bhagat, Resident of village- Pali, P.O.- Kashichak, P.S.- Kashichak, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

2. The District Magistrate, Nawadah

3. The Sub-Divisional Officer, Sadar, Nawadah

4. The District Education Officer, Nawadah

5. The Block Education Officer, Kashichak, Nawadah

6. The Block Development Officer, Kashichak, Nawadah

7. The Pramukh, Kashichak Block, Nawadah .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Respondent/s : Mr. Harish Singh Goldie, AC to GP-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 26-09-2018 Heard learned counsel for the petitioner and State.

2. The petitioner has filed the present writ application for quashing the final merit list of trained/un-trained teacher of Kashichak Block on the ground that merit list was not prepared in accordance with the guidelines issued by the Education Department.

3. While challenging the gradation list, petitioner has not impleaded the necessary party, who were in the merit list for appointment as teacher. The aforesaid infirmity rendered the writ application incompetent for non-joinder of necessary party.

4. In addition thereto, the merit list prepared in 2014 has been challenged and till date there is no interim order staying the

Patna High Court CWJC No.16719 of 2014 dt.26-09-2018 2/2 action on the merit list.

5. From the counter affidavit filed on behalf of respondent no.4, it appears that the merit list was approved and he has not noticed any irregularity in preparation of merit list. Referring to the provision with regard to appointment, the deponent has stated that the vacant seats after completion of the transaction of selection are taken to the subsequent year selection process.

6. In view of the aforesaid, the Court does not find any justification to interfere in the present proceeding for the reasons indicated herein above.

7. Accordingly, the writ application is dismissed. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2018 Transmission Date