Dharam Deo Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6140 of 2016 ====================================================== Dharam Deo Prasad S/o Ram Charan Mahto` Resident of Village- Laukhan, Lal tola, PO Laukahn, Via- Dhaka, District East Champaran. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Land and Revenue Reforms, Bihar, Patna.
2. The Director Consolidation, Bihar, Patna.
3. The Deputy Director Consolidation West Champaran at Bettiah.
4. The Consolidation Officer, Bagha, West Champaran.
5. Ram Babu Singh S/o late Sri Nantoon Singh Resident of VillageManchai, PS Belsand, Distric Sitamarhi.
6. Rajendra Sah s/o Kewal Sah Resident of Village- Katahari, PS Riga, District Sitamarhi.
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Adv. For the Respondent/s : Mr. Prashant Pratap, GP6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-04-2018 Heard the parties.
The petitioner prays for a writ in the nature of mandamus commanding the respondents to appoint him on the post of Amin following selection process faced but in view of the statement made by the respondents at paragraph 5 of the counter affidavit in which it is stated that the petitioner did not possess the required qualification, inasmuch as he did not possess Matriculation qualification that he was not appointed, no indulgence can be given.
A statement to such effect is made in the counter affidavit and the position has not been contested. It is, thus, not in contest
Patna High Court CWJC No.6140 of 2016 (2) dt.06-04-2018 that the minimum qualification of being a Matric was not satisfied by the petitioner even though he had experience of such functioning but that will not be suffice for a regular appointment in absence of the eligibility qualification of a Matric, which is a condition precedent.
The writ petition is disposed of.
(Jyoti Saran, J) Surendra/- U