Md. Zakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16204 of 2019 ====================================================== Md. Zakir Hussain S/o Alo Mohammed Resident of Village Bhelha, Panchyat- Birpur, P.S.- Lalmaniyan, Birpur Barapatti, Pindrain, DistMadhubani, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department. 2.

The Director, Jan Shiksha, Bihar.

3.

The District Magistrate, Madhubani.

4.

The Regional Education Deputy Director, Madhubani. 5.

The District Education Officer, Madhubani.

6.

The District Programme Officer, Madhubani.

7.

The Block Education Officer, Madhubani.

8.

Sankul Coordinator, Middle School, Khutuna, Madhubani. 9.

The Principal, Middle School, Khutuna, Madhubani. 10.

Md. Imran Ahmed S/o Md. Farukh Village Belha, P.O. Birpur, Barapatti, Block- Khutuna, District- Madhubani.

11.

Rukhsana Khatoon W/o Abdul Raseed Village Belha, P.O. Birpur, Barapatti, Block- Khutuna, District- Madhubani.

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

For the Petitioner/s :

Mr.Alka Verma For the Respondent/s :

Mr.Smt.Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 04-01-2024 1.

Heard learned Counsel for the parties concerned. 2.

The present writ application has been filed seeking following relief :- "(i) For issuance of direction/ directions, order/ orders commanding upon the respondents to make fresh appointment of Shiksha Swayamsewak of Talimi Markaz of

2/4 Prathmik Maktab, Bhelha, Khutauna, Madhubani after setting aside the illegal appointments of the respondents no. 10 and 11 and take appropriate action against the respondents who have made these appointments without following the guidelines."

3.

The Talimi Markaz Shikshak Swayam Sevi is appointed under the scheme on contract basis for one year, as was done in the case of Tola Sewak and the post of Talimi Markaz Shikshak Swayam Sevi is not statutory and no recruitment rules are followed for their appointment. 4.

A Co-ordinate Bench of this Court, in the matter of Tola Sewak, in C.W.J.C. No. 18107 of 2016 (Raj Choudhary v. The State of Bihar and others), has held as follows: " The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a judgment dated 17.08.2015 passed by a co-ordinate Bench of this Court in CWJC No.

12390 of 2015 as well as to a judgment dated 02.02.2017 rendered by the learned Division Bench of this Court in L.P.Α. No. 2185 of 2015 whereby

3/4 and whereunder it has been held that since the selection or engagement or hiring of the Tola Sevak is not a permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India as well as since the post of Tola Sevak is under a scheme, the same does not create any statutory right in favour of the petitioner, hence writ petitions in such matters as that of Tola Sevaks are not maintainable. Having regard to the aforesaid judgments rendered by a coordinate Bench of this Court as also by the learned Division Bench of this Court, this Court is of the opinion that the present writ petition is not maintainable, hence the same is dismissed. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law."

5.

The aforesaid order passed by a co-ordinate Bench of this Court presided over by Hon'ble Single Judge in the case of Raj Choudhary (supra) has been affirmed by a Division Bench of this Court holding that the said writ petition is not

4/4 maintainable.

6.

Taking into consideration the aforesaid judgment of a co-ordinate Bench of this Court and the fact that Talimi Markaz Shikshak Swayam Sevi does not hold civil post as well as the same is not a statutory post, I also come to the conclusion that the present writ application is not maintainable and accordingly, the same is dismissed.

(Anil Kumar Sinha, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.01.2024 Transmission Date NA