Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7363 of 2020 ====================================================== Chandan Kumar Singh Son of Sri Lalbansh Singh, Resident of Village and Post Office-Basdiha, P.S.-Tandwa, District-Aurangabad. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Deputy Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The District Magistrate, District-Aurangabad. 4.

The District Programme Officer, District-Aurangabad. 5.

The District Education Officer, District-Aurangabad. 6.

The Executive Officer, Nagar Panchayat, Nabinagar, District-Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Respondent/s :

Ms.Shilpa Singh (GA 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-10-2021 The petitioner has questioned the decision of the respondents whereby post of Primary Teacher in Nagar Panchayat, Nabinagar has been shown to be reserved for SC(F) category candidate. This Court was given an impression that the said solitary post under Nabinagar Panchayat is sought to be filled up by an independent process of selection, treating the said solitary post reserved for the said category. On the basis of the counter affidavit which has been filed on behalf of the respondents State of Bihar and pleadings on record, it is evident that the impugned Annexure-5 is nothing

Patna High Court CWJC No.7363 of 2020(11) dt.27-10-2021 2/2 but fixation of roster point for the post in question for the purpose of a selection process undertaken by the Education Department, Government of Bihar with the issuance of a notification dated 05.07.2019 which has been brought on record by way of Annexure-2 to the writ application. Though the said process of selection undertaken with the issuance of notification dated 05.07.2019, several posts throughout the State of Bihar under Bihar Panchayat Elementary Teachers (Employment and Service Condition) Rules, 2012 and Bihar Municipal Body Elementary Teacher (Employment and Service Condition) Rules, 2012, are sought to be filled up.

In the Court's opinion, this writ application is completely misconceived and is accordingly dismissed. As it is not the case of filling up a solitary post, on the basis of roster point.

(Chakradhari Sharan Singh, J) AKASH/- U