Upendra Rajbanshi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12302 of 2016 =========================================================== Upendra Rajbanshi, Son of Ramjee Rajbanshi Resident of Village - Dhaukal, P.S. Atri Mohra, District - Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate/Collector, Gaya.

3. The Deputy Development Education, Gaya.

4. The District Education Officer, Gaya.

5. The District Program Officer Madhyamik Shiksha Cum Shaksharta, District Lok Shiksha.

6. The Block Education Officer, Mohra, Gaya.

7. The Block Development Officer Mohara, P.S. Atari, Gaya.

8. The Headmaster Primary School, Dhaweal, Bigha, P.S. Mohra, District : Gaya.

9. Ram Deo Das Son of not known Resident of Village - Sevtar, P.S. Atari, District - Gaya, The Headmaster Primary School, Dhaweal, Bigha, P.S. Mohra, District : Gaya.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate For the Respondent/s : Mr. Deepak Sahay Jamuar, AC to AAG-4 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 31-01-2017 Heard parties.

The petitioner's claim is that he had applied for selection as 'Tola Sewak' for which selection process commenced in the year 2014. However, it is claimed that though the petitioner was the only candidate qualified for the post, the Headmaster of the concerned school got his brother appointed on the post. Thereafter, complaints were made and eventually appointment was cancelled. Thereafter, further selection process of 'Tola Sewak' has been stalled and it is not

Patna High Court CWJC No.12302 of 2016 dt.31-01-2017 2/2 being initiated despite the representations having been filed by the petitioner and repeated direction by the Superior authority. In the aforesaid background of the matter, let the petitioner again represent the District Education Officer, Gaya (respondent no.4). On such action being taken, he shall examine the matter and take necessary steps in accordance with law and if appointment of 'Tola Sewak' is to be done and for which there is already a direction of superior authority then such process should be initiated.

It is made clear that the respondent no.4 should ensure that selection process should not remain stalled on any flimsy ground. If the process of selection of 'Tola Sewak' has already been initiated, that should be completed within a period of three months from the date of receipt/production of a copy of this order. This writ application stands disposed of.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 03.02.2017 Transmission Date N.A.