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Patna High CourtCWJC/12165/2015disposed

Sudhir Kumar v. The State Of Bihar And ORS

2018-06-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12165 of 2015 =========================================================== Sudhir Kumar son of late Dwarka Ram resident of behind Sales Tax Office, Kalyanpur, Ward No. 20, Jamui, P.S. & Dist. Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar through District Selection Committee through District Magistrate, Jamui.

2. Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3. Principal Secretary, General Administration Department, Government of Bihar, Patna.

4. Divisional Commissioner, Munger Division, Munger.

5. District Magistrate cum Chairman, District Selection Committee, Jamui. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Respondent/s : Mr. Binay Kumar Singh, AC to SC 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the petitioner and the respondent State.

2. It is the petitioner's case that petitioner has not been placed at his due position in the panel as due regard has not been given to his certificate showing that he is a handicapped candidate. He submits that as a result of such oversite by the respondent authorities by not making appointment in accordance with reservation policy for handicapped person, petitioner's legitimate claim for regularization/appointment pursuant to panel prepared in 2013 has been denied. Annexure 6 is the representation filed by the petitioner

Patna High Court CWJC No.12165 of 2015 dt.25-06-2018 2/2 before the District Magistrate, Jamui.

3. It is his specific case that though representations have been filed repeatedly but no action is being taken on the aforesaid grievance of the petitioner.

4. It is needless to say that reservation policy of the Government of Bihar in vogue regarding handicapped applicants needs to be look into and the grievance of the petitioner be examined in light of the same.

5. Let the District Magistrate, respondent no. 5 take a final decision on the representation filed by the petitioner which is Annexure 6 to the writ petition and dispose off the same by a reasoned and speaking order. Such disposal shall take into consideration the petitioner's right to avail the benefits under the existing policy for reservation of handicapped employees. The entire exercise be completed by the respondent District Magistrate within a period of eight weeks.

6. The writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date