Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22029 of 2018 ====================================================== Ashok Kumar Son of Rameshwar Das Resident of Village- Jaipur, Police Station-Mehandia in the District of Arwal ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Welfare Department, Government of Bihar, Patna.

2.

Director, Welfare Department, Government of Bihar, Patna 3.

The Principal Secretary, Welfare Department, Government of Bihar, Patna 4.

The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna 5.

The District Magistrate-cum-Collector, Arwal 6.

The District Program Officer, Arwal 7.

The Sub-Divisional, Officer, Arwal 8.

The Sub-Divisional Welfare Officer, Arwal 9.

The Block Development Officer, Arwal 10.

The Block Welfare Officer, Arwal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the State :

Mr. Prashant Pratap (GP-2) For the Bihar Mahadalit :

Mr. Rakesh Narayan Singh, Adv.

Vikas Mission ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for Bihar Mahadalit Vikas Mission.

2. The present writ petition has been filed for the following relief/s:- "I. For directing the respondent authority to accept the joining of the petitioner and allow him to work as

Patna High Court CWJC No.22029 of 2018(3) dt.10-09-2024 2/3 Vikas Mitra under the Bihar Dalit Vikas Mission, who was duly selected by the Selection Committee on 07.04.2018 for the Jaypur Gram Panchayat of Kaler Block in the district of Arwal.

II. For quashing of the resolution of the Sub-Divisional Selection Committee, Arwal by which illegally resolve to take fresh process of appointment of Vikas Mitra in the Jaypur Gram Panchayat where the petitioner was duly selected.

III. For restraining the respondent authority from starting further process of appointment/selection to the post of Vikas Mitra in Gram Panchayat, Jaypur under Kaler Block in the district of Arwal."

3. Learned counsel appearing for Bihar Mahadalit Vikas Mission raised preliminary objection and submits that under the rule for the appointment of Vikas Mitra, the authority has been assigned for hearing of grievances relating to the appointment of Vikas Mitra. The said authority is the District Magistrate of the relevant district and thereafter, appeal has to be preferred before the Director, Bihar Mahadalit Vikas Mission. Counsel further submits that from the entire pleadings, it transpires that the petitioner has not filed any of the

Patna High Court CWJC No.22029 of 2018(3) dt.10-09-2024 3/3 representation for his grievance before the District Magistrate concerned. Counsel submits that the concerned district for the present petitioner is the District Magistrate, Arwal.

4. Learned counsel for the petitioner in response thereof submits that fresh advertisement is going on and he has annexed a copy of the said advertisement vide Annexure-6 in his Interlocutory Application No.1 of 2024.

5. After hearing the parties and also going through the Annexure-6 of the I.A. No.1 of 2024, it transpires that the final selection shall take place on 30.09.2024.

6. In this view of the matter, it is hereby directed to the petitioner to file his representation within one week before the District Magistrate, Arwal and the District Magistrate, Arwal shall decide the representation of the petitioner in accordance with law prior to 30.09.2024.

7. Accordingly, the present writ petition along with Interlocutory Application No.1 of 2024 stands disposed off. (Dr. Anshuman, J) Divyansh/- U