Bhogendra Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17018 of 2024 ====================================================== Bhogendra Sada Son of Late Sadhu Sada Resident of Village- Basuki Ward No. 02, Post Basuki Bihari, Police Station Madhwapur, District Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the in the Principal Secretary Department of Social Welfare Department Government of Bihar. 2.

The Principal Secretary Schedule Cast and Schedule tribe Welfare Department Government of Bihar.

3.

The Mission Director Bihar Madhyamik Siksha Mission Schedule cast and Schedule tribe Welfare Department Government of Bihar, Patna. 4.

The District Programming Officer Department of Welfare District Madhubani.

5.

The District Magistrate District Madhubani Bihar. 6.

The Sub-Divisional Officer Benipatti Madhubani. 7.

The Block Development Officer Madhuapur Via Benipatti Madhubani. 8.

Babita Kumari W/o-Ratish Manjhi Resident of Village- Basuki Ward No.- 02, Post- Basuki Bihari, Police Station- Madhwapur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the State :

Mr. Manish Kumar, GP-4 For the B.M.V.M.

:

Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-11-2024 Heard Mr. Md. Soban Asghar, learned counsel appearing on behalf of the petitioner; Mr. Manish Kumar, learned GP-4 appearing on behalf of the State and Mr. Ranjeet Kumar Pandey, learned counsel for the Bihar Mahadalit Vikash Mission.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is

Patna High Court CWJC No.17018 of 2024(2) dt.13-11-2024 2/3 reproduced hereinafter:

"(I) For issuance of appropriate Order/s orders direction specially in the nature of certiorari directing the concurred authority to set aside/ the appointment of the Respondent No. 08, whereby and where under concern appointment authority as appointed respondent No.08 in the place of the present petitioner. (II) For issuance of any appropriate writ, order, orders Direction's especially in the nature of Mandamus and directing the respondent concurred to appoint the petitioner in the place of respondent No. 08. (III) For issuance of any appropriate writ order, orders direction on your lordship may deem fit and proper to the facts and circumstances of the case as well as for the petitioner may found entitled thereto."

3. In the present writ petition, petitioner is seeking interference on the ground of discrimination with one Babita Kumari (respondent no. 8), who has been engaged as 'Vikash Mitra' in accordance with the roster of the year 2010. The petitioner's case is that he belongs to Scheduled Caste category and he fulfills all the eligibility criteria for the post of 'Vikash Mitra' and, as such, his case be also considered in accordance with the guidelines as has been considered in the case of respondent no. 8.

4. In above view of the fact, the petitioner seeks to avail remedy before the Director, Bihar Mahadalit Vikash Mission.

5. Considering the aforesaid submission made on behalf of the petitioner, the petitioner may avail remedy before the Director, Bihar Mahadalit Vikash Mission, Patna for the

Patna High Court CWJC No.17018 of 2024(2) dt.13-11-2024 3/3 relief as prayed for relief(s) as prayed for in the present writ petition.

6. The Director, Bihar Mahadalit Vikash Mission, Patna, is directed to call for the service particulars of the respondent no. 8, namely, Babita Kumari, and see that the relief(s) as prayed for by the petitioner in the present writ petition is sustainable and any corrective measure is required and redress the grievance of the petitioner expeditiously in accordance with law.

7. With above observations/directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U