Chandra Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3175 of 2019 In Civil Writ Jurisdiction Case No.1484 of 2001 ====================================================== Chandra Shekhar Kumar S/o Sukhdeo Prasad Yadav (Teacher) Baba Khedan Chowk, Ward No. 05, Moh Ajad Nagar, P.O. and P.S. Madhepura, DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sri Giriwar Dayal Singh,Director, Secondary Education,Bihar,Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mrs. Shilpa Singh (Ga 12) Mr. Ram Vinay Pd. Singh, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 07-04-2025 This contempt application has been filed alleging violation of the order dated 13.08.2018 passed in CWJC No. 1484 of 2001 wherein in paragraph No. 4 this Court had passed the following order:- "...4. Since, no one is appearing on behalf of petitioners, the writ applications are disposed of with liberty to the petitioners that in case there is existing vacancy in the subject of Biology then the cases of the petitioners may be considered, if the petitioners approach the competent authority for redressal of their grievances indicating the specific fact as to the available vacancy and for consideration of their appointment.

Patna High Court MJC No.3175 of 2019(2) dt.07-04-2025 2/3 In case, such representation is filed by the petitioners, the respondent authority must consider and dispose of the representation of the petitioners by a reasoned and speaking order withing a period of four months from the date of receipt of representation along with a copy of this order..."

2. Opposite party Nos. 1 & 2 have filed a show-cause wherein in paragraph No. 6 & 7 it has been stated as under:- "...6. That is is humbly submitted that during the consideration of the claim of the petitioner, it revealed that the name of the petitioner was included in the panel of Biology Subject sent by the Vidyalaya Sewa Board in year of 1999, his name was mentioned in the merit list at serial no-655. It was also revealed that the available all vacancies in B.C. category has been filed up by appointing the candidates according to their merit position and on the other hand in B.C. category up to the serial no. 619 appointment has been made. Therefore the petitioner whose name was mentioned at serial no-655 was not found within the zone of appointment and accordingly his claim has been rejected.

7. That it is humbly submitted that all available vacancies of OBC and SC/ST category could not be filed up due to non-

Patna High Court MJC No.3175 of 2019(2) dt.07-04-2025 3/3 availability of candidates and the mater of the aforesaid vacancies was placed before the General Administrative Department for necessary advice.

The General Administrative Department advised that in Biology subject appointments has been made as per the provisions of special appointment rule-2013 and appointment has been made as on time appointment, therefore the aforesaid vacancies could not be dereserved. Accordingly the claim for appointment against the rest vacancies of OBC and SC/ST category has been rejected vide letter no-84 dated 20.03.2018..."

3. On perusal of the paragraph Nos. 6 & 7 of the show-cause, I find that the order passed in the writ petition has been complied with by the opposite parties.

4. Accordingly, the contempt application stands closed and disposed off.

(Nani Tagia, J) Nishant/- U