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Patna High CourtCWJC/9233/2017dismissed

Ankesh Kumar Singh v. The State Of Bihar And ORS

2018-09-24Mr. Justice Ashutosh Kumar,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9233 of 2017 ====================================================== Ankesh Kumar Singh, Secretary, Ram Seval Seva Sansthan, an N.G.O. S/O Ram Sevak Singh, R/O Village Supaul, P.O. - Supaul, via Basudeopur Chandel, P.S. Patori, District - Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, General Administration Department, Old Secretariat, Patna.

2. The District Magistrate, Hajipur, Vaishali

3. The District Magistrate, Begusarai

4. The District Magistrate, Gaya

5. The District Magistrate, Siwan

6. The District Magistrate, Motihari

7. The District Magistrate, Saharsa

8. The District Magistrate, Chhapra

9. The District Magistrate, Khagaria

10. The District Magistrate, Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Chandra Bhushan Verma, Advocate For the Respondents : Mr. Prabhat Kumar Verma- AAG 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-09-2018 By way of this petition in the form of Public Interest Litigation, the petitioner has prayed for the following relief:

That this is an application praying for issuance of a writ of Mandamus or Writ, order or direction commanding the Respondents to give direction to the Respondents to fulfill the vacant post in the light of advertisement issued by the

Patna High Court CWJC No.9233 of 2017 dt.24-09-2018 2/2 Collector, Hazipur, Vaishali, Begusarai, Gaya, Siwan, Motihari, Saharsa, Chhapra, Khagaria, Nawada.

Having heard learned counsel for the respective parties.

The relief sought to be with respect to appointments of Class-IV employees pursuant to the advertisement issued by the concerned Collectors and the dispute is in the nature of a service dispute, we are of the opinion that the Public Interest Litigation in the matter of service dispute is not maintainable and the same is not required to be entertained. If any person/candidate who has applied and is aggrieved by non-appointment can approach the Court. However, the present Public Interest Litigation is with respect to service dispute is not required to be entertained.

Under such circumstance, on alone, the present petition is dismissed.

(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.09.2018 Transmission Date 25.09.2018