Bhupendra Kumar Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1768 of 2017 ====================================================== Bhupendra Kumar Sah Son of Raju Sah, Resident of Village- Dulari, P.S.- Pipra, District- Supaul.
... ... Petitioner/s
Versus
1.
The State of Bihar, through the Director General of Police, Bihar, Patna. 2.
The District Magistrate, Supaul.
3.
The Superintendent of Police, Supaul.
4.
The Officer-In-charge, Pipra Police- Station, District- Supaul. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2026
1. No one appears on behalf of the petitioner. Learned counsel for the respondents is present.
2. The petitioner has filed the instant application for the following relief :- "1. That this writ application is being filed to the nature of Mandamus for appropriate writ/writs, so directing the respondents they appoint to the petitioner on the post of vacant seat of Daffadar in the Pipra Thana under District- Supaul. There are four seats of Dafadar is vacant in the Pipra Thana. No Daffdar is working in the Dudhani Gram Panchayat in the Pipra Thana. That Petitioner has given a representation on 24.9.2016 to the Superintendent of Police Supaul and District Magistrate Supaul. In this representation petitioner is cleaning for appointment of the post
Patna High Court CWJC No.1768 of 2017(4) dt.05-01-2026 2/3 of Daffadar.
A photo/typed copy of the representation dated 24.9.2016 is annexed herewith and marked as Annexure-1 to this application."
3. Having gone through the contents of the petition, the case of the petitioner as stated therein is that inspite of there being four vacant seats for the post of Dafadar in Pipra Police Station and no Dafadar working in gram panchayat Dudhayani, the respondents are not appointing anyone. They have also not taken any steps pursuant to the representation filed by the petitioner.
4. It is further case of the petitioner that he belongs to the most backward class and is Class-VIII pass. His conduct is good and he has no criminal antecedent. As such a direction be given to the respondents to appoint him on the post of Chaukidar.
5. On perusal of the counter affidavit filed on behalf of respondent no.2 it transpires that as per instructions issued contained in Memo no.335 dated 10.1.2015 under the signature of Deputy Secretary, Department of Home (Police), Government of Bihar, the qualification for appointment on the post of Chaukidar has been fixed as Class-X pass.
6. From the contents of the writ application itself,
Patna High Court CWJC No.1768 of 2017(4) dt.05-01-2026 3/3 even from the uncontroverted facts, the qualification of the petitioner is of being Class-VIII pass. As such the petitioner is not qualified for appointment on the post of Chaukidar, not having passed Class-X.
7. In view of the facts and circumstances stated herein above, the Court finds no merit in the instant application and the same is dismissed.
(Partha Sarthy, J) avinash/- U