Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2427 of 2018 ====================================================== Ajay Kumar Son of Amarnath Paswan, resident of Village- Aadrash Colony, Railway New Colony Field, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Executive Officer cum Mission Director Bihar Rural Livelihoods Promotion Society, Govt. o 3.

The State Coordinator LSBA, Bihar, Patna.

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

For the Petitioner/s :

Mr. Arun Kumar Bhagat, Advocate For the Respondent/s :

Mr. Anjani Kumar -AAG-4 Mr. Abhinav Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-09-2023 Heard the parties.

At the outset, Mr. Abhinav Shrivastava has raised preliminary objection about the maintainability of the writ petition.

His submission is that the Bihar Rural Livelihoods Promotion Society is registered under Society Registration Act, an autonomous body under the Rural Development Department, Bihar, Patna working towards implementation of National Rural Livelihood Mission.

His further submission is that it is a World Bank aided livelihood projects and as such is not a State within the meaning of Article 12 of the Constitution of India. He thus submits that

Patna High Court CWJC No.2427 of 2018(3) dt.18-09-2023 2/2 the writ petition is not maintainable.

He further with the help of paragraph 4 submits that the Mission of the said Society is to make the State open defecation free and to improve the cleanliness index of the rural areas and as such from the name of the scheme "Lohia Swachh Bihar Abhiyan", it is clear that it is for that purpose. He also submits that the petitioner being under Scheduled Caste category, was duty bound to get 70% of the written and 30% of the interview to cross the cut off for SC category which was 40.53. With the help of paragraph 18, he submits that taking into account the 70% marks of written and 30% of interview, his total aggregate comes to 36.38 which is below the cut off for the Scheduled Caste category. In the aforesaid circumstance, despite being sympathetic towards the petitioner, no relief can be granted to him.

The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U