Prem Kumar Suman And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22514 of 2012 ===========================================================

1. Prem Kumar Suman S/O Late Rampreet Ray R/O Village- Bishanpur, P.S.- Bidupur, District- Vaishali

2. Ravindray Ray S/O Bhagwat Ray R/O Village- Nilkantpur, P.S.- Mahua, District- Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna

2. The Principal Secretary Education Department, Government Of Bihar, Patna

3. The District Superintendent Of Education, Vaishali

4. The District Education Officer, Vaishali

5. The Bihar Staff Selection Commission Through Its Chairmna, P.O.- Vetenary College, Patna-14

6. The Chairman Bihar Staff Selection Commission, Patna

7. The Secretary Bihar Staff Selection Commission, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Mr. Niraj Kumar, Adv. For the Respondent/s : Mr. Kumar Pankaj, A.C. to S.C.-5. For the Commission : Mr. S. S.Sundaram, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 14-09-2018 1.

Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

2.

Petitioner has filed the present writ application for a direction to the respondent to allot the petitioner the district of posting as per preference at the time of appointment of the petitioner. 3.

Learned counsel for the petitioner submits that he has given preference (i) Vaishali (ii) Muzaffarpur, (iii) Samastipur . Instead of considering the case of the petitioner as per his preference, petitioner

Patna High Court CWJC No.22514 of 2012 dt.14-09-2018 2/2 was posted in the district of Sheohar, and as such the petitioner is aggrieved by the action of the respondent.

4.

Learned counsel appearing on behalf of the petitioner placed reliance on a decision of this Court in C.W.J.C. No.1937 of 2012 dated 01.05.2012 whereby a teacher appointed in the elementary school challenged the posting on random basis, the Court directed the respondent to consider the case for allotment in order to preference against any of the vacancy of the category of petitioner. 5.

Considering the aforesaid facts and circumstances of the case, this writ petition is disposed of with a direction to the respondent to consider the case of the petitioner for allotment of district as per preference and take appropriate decision as per the policy decision and the Rule at the earliest.

6.

With the aforesaid direction and observation, this writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date18/09/2018 Transmission Date NA