Ashok Kumar Kanojiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16295 of 2021 ====================================================== Ashok Kumar Kanojiya Son of Sri Nandlal Kanojiya, Mauzia, resident of Village- Isari, Panchayat- Kharaidaura, P.O. and P.S.- Durgawati, DistrictKaimur (Bhabhua), Pin- 821105 ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Primary Education, State of Bihar New Secretariat, Patna 2.

The Director, Primary Education Department, Government of Bihar, Patna. 3.

The District Magistrate-cum- Collector, Kaimur at Bhabhua. 4.

The District Public Grievances Redressal Officer, Kaimur at Bhabhua. 5.

The District Education Officer, Kaimur at Bhabhua. 6.

The District Programme Officer (Literacy), Kaimur at Bhabhua. 7.

The Block Education Officer, Durgawati Prakhand, Kaimur. 8.

Appointment Committee, Tola Sevak now known as Shiksha Sevak through, Head Master, Kanya Primary School Isari, Anchal- Durgawati, District Kaimur.

9.

The Head Master, Kanya Primary School Isari, Anchal- Durgawati, District Kaimur.

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

For the Petitioner/s :

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

Mr. Subhash Chandra Mishra (SC-16) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2025 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Ms. Subhash Chandra Mishra, learned SC 16 for the State.

2. The petitioner in paragraph no. 1 of the present writ

Patna High Court CWJC No.16295 of 2021(3) dt.05-05-2025 2/3 petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "1. That present application is being filed against order dated 24/04/2019 passed y District Public Grievances redressal officer, Kaimur at Bhabhua in complaint no. 431110105021901667 dated 5/2/2019 whereby and where under District Public Grievances Redressal officer, Kaimur at Bhabhua has observed that District Programme officer (literacy) Kaimur vide letter no. 32 dated 15/04/2019 has represented that an enquiry report was received from BO Durgawati vide letter no. 71 dated 01/04/2019 in which it was been reported that the selection of Ashok Kumar Kanauzia (Petitioner)as Tola Sewak was made against Tola Sevak Selection Regulation.

It was further observed by the District Public Grievances Redressal officer that vide letter no. 37 dated 24/04/2019 it was also represented by the District Programme Officer (Literacy) that on the basis of enquiry report vide letter no. 34 dated 20/04/2019 it was represented to the Head Master, Kanya Primary School Isadi to cancel the selection of petitioner and further observed that from the representation of Public officer it is clear that allegation of complainant is found to be true and accordingly district Public Grievance Redressal officer, Kaimur directed the Public officer to take steps for compliance of its representation regarding cancellation of selection of petitioner."

3. There is no merit in the present writ petition and no writ can be issued in view of the fact that the petitioner had voluntarily performed the duty of Tola Sevak for the upliftment of the downtrodden members of his society. The law is well settled in this regard by the Division Bench of this Court in CWJC No.11447 of 2018 (Md. Ejaaz Kauser Khan and Ors. Vs. The State of Bihar and Ors.) alongwith analogous cases and in LPA No.2185 of 2015 (Ram Lakhan Ram Vs. State of Bihar and Ors.).

4. Accordingly, the present writ petition stands

Patna High Court CWJC No.16295 of 2021(3) dt.05-05-2025 3/3 disposed with a liberty to the petitioner to avail appropriate remedy, as and when, occasion so arises.

(Purnendu Singh, J) Niraj/- U