Sabila Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6687 of 2017 ====================================================== Sabila Khatoon Wife of Md. Haroon Rashid, Posted as Sawayan Sevika Utkarmit Middle School, Saidpur Bishnupur, Block and Police StationNawkothi, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

The Director, Bihar Education, Project Council, Bihar, Patna. 4.

The Joint Secretary, Department of Education, Bihar, Patna. 5.

The District Magistrate, Begusarai.

6.

The District Programme Officer, MadhYamik Shiksha and Saksharta Begusarai.

7.

The Block Development Officer, Block-New Kothi, District-Begusarai. 8.

The Block Education Officer, Naw Kothi, Block-New Kothi, Districtbegusarai. 9.

The Headmaster, Utkarmit Middle School, Naw Kothi, Block-Naw Kothi, District-Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Respondent/s :

Mr.Prabhakar Jha- GP27 For BEPC :

Mr. Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-06-2024 Heard learned counsel for the parties.

2. The petitioner has filed the present writ application for quashing the order dated 30.08.2016 contained in Letter No. 687 issued by Respondent No.6/the District Programme Officer, Begusarai whereby an inquiry has been ordered regarding selection of the petitioner as Tola Sewak.

3. The Tola Sewak is appointed under the scheme on

Patna High Court CWJC No.6687 of 2017(3) dt.20-06-2024 2/3 contract basis for one year. The post of Tola Sewak is not statutory and no recruitment rules are followed for their appointment.

4. A Co-ordinate Bench of this Court, in the similar matter of Tola Sewak, in CWJC No. 18107 of 2016, has held as follows:- "The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a judgment dated 17.08.2015 passed by a coordinate Bench of this Court in CWJC No. 12390 of 2015 as well as to a judgment dated 02.02.2017 rendered by the learned Division Bench of this Court in L.P.A. No.

2185 of 2015 whereby and whereunder it has been held that since the selection or engagement or hiring of the Tola Sevak is not a permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India as well as since the post of Tola Sevak is under a scheme, the same does not create any statutory right in favour of the petitioner, hence writ petitions in such matters as that of Tola Sevaks are not maintainable. Having regard to the aforesaid judgments rendered by a Co-ordinate Bench of this Court as also by the learned Division Bench of this Court, this Court is of the opinion that the present writ petition is not maintainable, hence the same is dismissed. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law."

5. The order passed by the Co-ordinate Bench

Patna High Court CWJC No.6687 of 2017(3) dt.20-06-2024 3/3 presided over by Hon'ble Single Judge in the aforesaid writ application has been affirmed by a Division Bench of this Court, holding that the writ petition is not maintainable.

6. Taking into consideration the aforesaid judgment of this Court and the fact that Tola Sewak does not hold civil post as well as the same is not a statutory post, I also come to the conclusion that the writ application is not maintainable.

7. This application is, accordingly, dismissed.

8. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law. (Anil Kumar Sinha, J) perwez U