Indu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7620 of 2012 ====================================================== Indu Kumari, W/O Sri Jitendra Singh, resident of Village - Purna Bigha, P.O.- Daudnagar, P.S.- Daudnagar Block Daudnagar, District - Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Chief Secretary, Human Resources Department, Government of Bihar, Patna.

3. The District Collector, Aurangabad.

4. The Chairman Zila Parishad, Aurangabad.

5. D.D.C. - Cum-C.E.O. : Zila Parishad, Aurangabad.

6. The Block Education Officer, Daudnagar.

7. The Mukhiya (Headman) Mahavar Gram Panchayat, Daudnagar.

8. The Sachiv, Mahavar Gram Panchayat, Daudnagar.

9. Mamta Kumari W/O Subhas Prasad Resident of Village - Mahavar, P.O.- Daudnagar, P.S- Daudnagar, District - Aurangabad.

10. Kamlesh Singh S/O Indradeo Singh Resident of Village - Purnabigha, P.O.- Daudnagar, P.S.- Daudnagar, District - Aurangabad. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate. For the Zila Parishad : Mr. Nikesh Kumar, Advocate. For the State : Mr. Bijay Kumar Sinha, A.C. to A.A.G. V. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

In the present writ application, the petitioner has sought for the engagement as a 'Prerak' under 'Sakshar Bharat-2012, which is a Central Scheme, for the purpose of motivating the children for going to School. The post of 'Prerak' is not substantive post under the State or its instrumentality, rather the

Patna High Court CWJC No.7620 of 2012 (5) dt.09-10-2017 2/2 same is a kind of engagement under the Scheme carried out by the State Government. Such engagement is contractual in nature and the same is not made under any Statute, hence, no statutory right of appointment has accrued in favour of the petitioner. I find no merit in the present writ application. The same is dismissed.

If the petitioner, so advised, may approach before the respondent no. 3, the Collector, Aurangabad. If any such representation is made on behalf of the petitioner, the same be disposed of by the respondent no. 3 preferably within a period of six months from the date of filing of such representation U.K./- (Sudhir Singh, J) U