Jitendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16687 of 2010 ====================================================== JITENDRA KUMAR S/O KAHIHAIYA RAM R/O VILL CHUWAN, P.S. BHAGWANPUR, DISTT-KAIMMUR AT BHABHUA ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. THE PRINCIPAL SECRETARY, SC & ST WELFARE DEPARTMENT GOVT. OF BIHAR, PATNA

3. THE CHAIRMAN CUM SECRETARY, BIHAR MAHA DALIT VIKASH MISSION , SC &ST WELFARE DEPARTMENT CHIEF MINISTER SECRETARIAT, 4-DESH RATAN MARG, PATNA

4. THE STATE PROGRAMME DIRECTOR, BIHAR MAHA DALIT VIKASH MISSION, SC & ST WELFARE DEPARTMENT GOVERNMENT OF BIHAR, PATNA

5. THE DISTRICT MAGISTRATE KAIMUR AT BHABHUA

6. THE DISTRICT PROGRAMME OFFICER CUM DISTRICT WELFARE OFFICER KAIMUR AT BHABHUA

7. THE SUB DIVISIONAL OFFICER CUM CHAIRMAN VIKASH MITRA SELECTION COMMITTEE BHABHUA(KAIMUR)

8. THE SUB DIVISIONAL WELFARE OFFICER CUM MEMBER SECRETARY VIKASH MITRA SELECTION COMMITTEE, BHABHUA(KAIMUR)

9. THE BLOCK DEVELOPMENT OFFICER BHAGWANPUR BLOCK, KAIMUR

10. LAL BAHADUR RAM S/O DASARATH RAM R/O VILL RAMGARH, P.O. UMAPUR, P.S.BHAGAWANPUR, DISTT-KAIMUR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal For the Respondent/s :

Mr. Zakir Haider, AC to SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2018 The petitioner has prayed for issuance of directions to the Respondent-authorities to appoint the petitioner on the post of Vikash Mitra.

The learned counsel for the petitioner submits that the petitioner has been denied appointment although he was at Serial No. 1 of the merit list only on the ground that he had produced a degree of having passed Adhikari Examination,

Patna High Court CWJC No.16687 of 2010(3) dt.20-06-2018 2/2 2009 from Gurukul Vishwavidyalaya, Vrindawan, Mathura which according to the petitioner is a recognized degree and equivalent to matric degree. It is submitted by the learned counsel for the petitioner that in the neighbouring district of Rohtas, several candidates, who have passed degree from the aforesaid Gurukul Vishwavidyalaya, Vrindawan, Mathura have been selected and appointed on the post of Vikash Mitra. It is further submitted that the Respondents have not been able to show that the said Adhikari degree is either not recognized or not equivalent to the Matric degree.

In view of the disputed question of facts involved in the present writ petition, I deem it fit and proper to direct the petitioner to file a representation before the District Magistrate, Kaimur at Bhabhua within a period of four weeks from today, who shall after hearing the parties and upon due notice to the Respondent No. 10, take into account the aforesaid facts and circumstances of the present case and pass a reasoned and speaking order within a period of ten weeks thereafter. The present writ petition is disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U