Gaya Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18187 of 2019 ====================================================== Gaya Kumar, aged about 33 years, male, Son of Late Keshwar Singh, Resident of Village-P.O.-Bhindaspur, P.S.-Belganj, District-Gaya at Present Resident of Mohalla-North Lakhibagh, P.S.-Gaya Mufassil, District-Gaya. ... ... Petitioner/s

Versus

1.

The Union of India through Post Master General, G.P.O., Patna 2.

The Senior Superintendent of Post Officer, Gaya Division, Gaya. 3.

The Senior Post Master, Gaya Head Quarter, Gaya. 4.

The Inspector Posts, Central Sub-Division, Belaganj, Gaya. 5.

The Sub-Post Master, Khizar Sarai, District-Gaya. 6.

Gajendra Narayan Son of Sri Lakhan Singh Resident of Village+P.O.- Sarwahda, District- Gaya.

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

For the Petitioner/s :

Mr. Yugal Kishore, Sr. Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr.S. D. Sanjay, Addl. S.G.

Ms. Punam Kumari Singh, C.G.C.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-09-2019 Heard learned counsel for the petitioner.

2. The petitioner's selection and appointment was in jeopardy on account of the investigation of the certificate possessed by the applicant said to have been issued by the Sanskrit Shiksha Board. The litigative history in the matter has already been narrated in the petition, and when the petitioner approached the Tribunal for relief claiming appointment to the

Patna High Court CWJC No.18187 of 2019 dt.04-09-2019 2/2 post in question, the impugned order has been passed recording that the certificate of the petitioner was sent for verification and no confirmation has been received.

3. It is therefore clear that in the absence of any valid verified certificate in favour of the petitioner, a claim for appointment has rightly been withheld by the respondents. We may further put on record that the Sanskrit Shiksha Board has not been made a party either before the Tribunal or before this Court. If the matter is engaging the attention of the Board for verification of the certificate, it is open to the petitioner to pursue his remedy before the Board, but at this stage there is no right which can be enforced through this writ petition for appointment. We cannot issue any mandamus to the Board as it is not a party nor was it arrayed a party before the Tribunal.

4. The writ petition is accordingly rejected. (Amreshwar Pratap Sahi, CJ) (Ashutosh Kumar, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 04.09.2019 Transmission Date