Shamsher Alam v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15348 of 2016 ====================================================== Rukhsar Praveen wife of Md. Sarfaraj, resident of Village- Mohanpur, P.O.- Baluahat, P.S.- Simri Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Regional Deputy Director of Education, Kosi Division, Saharsa. 3.
The District Education Officer, Saharsa.
4.
The District Programme Officer Sachharta, Saharsa. 5.
The Block Education Officer, Simri Bakhtiyarpur, Saharsa. 6.
The Block Coordinator, Education Department, Simri Bakhtiyarpur, Saharsa. null null 7.
The Headmaster, Middle School, Mohanpur, Block/Circle Simri Bakhtiyarpur, District- Saharsa.
8.
Samsher Alam, son of Habibul, resident of Village- Mohanpur, P.O.- Baluahat, P.S.- Simri Bakhtiyarpur, District- Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 12312 of 2017 ====================================================== Shamsher Alam son of Md. Habibul Resident of Village - Mohanpur Bichla Tola, Ward No. 8, Saharsa, P.S. - Bakhtiyarpur, District - Saharsa. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.
3.
The Director, Primary Education, Govt. of Bihar, Patna. 4.
The District Magistrate, Saharsa.
5.
The Regional Deputy Director of Education, Koshi Division, Saharsa. 6.
The District Education Officer, Saharsa.
7.
The District Programme Officer, Literacy Sakchharta, Saharsa. 8.
The Sub-Divisional Education Officer, Simri Bakhtiyarpur, District Saharsa. 9.
The Block Education Extension Officer - Simri-Bakhtiyarpur, Block - Simri Bakhtiyarpur, District Sa 10.
The Head Master, Middle School Mohanpur, P.S. - Bakhtiyarpur, District - Saharsa.
11.
Rukhsar Praveen wife of Md. Sarfaraj Resident of Village - Mohanpur,
2/4 Usrahi Tola, Ward No. 5, P.S. - Bakhtiyarpur, District - Saharsa. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 15348 of 2016) For the Petitioner/s :
Mr. Ashok Kumar Mishra For the Respondent/s :
Mr. Prabhakar Jha, GP-27 (In Civil Writ Jurisdiction Case No. 12312 of 2017) For the Petitioner/s :
Mr. Ratan Kumar For the Respondent/s :
Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2024 Heard learned counsel for the parties concerned.
2. The petitioner has filed the present writ application for direction to the respondent-authorities for quashing the order, dated 22.06.2016, passed by the respondent Regional Deputy Director of Education vide Memo No. 1181, dated 24.06.2016, whereby the selection of the petitioner on the post of Taimi Markaz has been canceled and the selection of the respondent no. 8 has been held to be valid.
3. The Tola Sewak/Talimi Markaz is appointed under the scheme on contract basis for one year. The post of Tola Sewak/Talmi Markaj is not statutory and no recruitment rules are followed for their appointment.
4. A Co-ordinate Bench of this Court, in a similar matter of Tola Sewak, in CWJC No. 18107 of 2016 (Raj Choudhary v. The State of Bihar and Ors.) has held as follows:-
3/4 "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 coordinate 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.
4/4 petitioner to take recourse to such other remedies as are available under the law."
5. The order passed by Co-ordinate Bench presided over by Hon'ble Single Judge in the aforesaid writ application has been affirmed by Division Bench holding that writ petition is not maintainable.
6. Taking into consideration the aforesaid judgment of this Court and the fact that Tola Sewak/Talimi Markaz does not hold civil post as well as the same is not a statutory post, I also come to the conclusion the writ application is not maintainable.
7. This application is, accordingly, dismissed.
8. However, the petitioner is given liberty to take recourse to such other remedy as is available under the law. (Anil Kumar Sinha, J) harshpandey/- U