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Patna High CourtCWJC/2335/2020dismissed

Ram Narayan Yadav v. The State Of Bihar

2020-02-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2335 of 2020 ====================================================== Ram Narayan Yadav son of Shri Parmeshwari Prasad Yadav, resident of village Aguwanpur, Post Office Sisai, Police Station and District Saharsa. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Koshi Division, Saharsa. 3.

The District Magistrate, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2020 Though the matter has been listed with office notes, considering the nature of controversy, this writ application has been heard on merit and is being disposed of by the present order.

This writ application has been filed by the petitioner seeking a direction to the respondents-State of Bihar to appoint him on a Class-IV post in Saharsa Collectorate on the basis that his name figures at Serial No. 429/4835 of the panel, which has been prepared by the competent authority.

This Court has taken specific view in the order dated 18.12.2019, passed in CWJC No. 18612 of 2019 (Kapil Kumar vs. The State of Bihar and others) holding that no appointment

Patna High Court CWJC No.2335 of 2020(2) dt.05-02-2020 2/2 against Class-IV posts in the Collectorates and other connected offices can be made without following the prescribed procedure, in conformity with Articles 14 and 16 of the Constitution of India. The decision in case of Kapil Kumar (supra) applies in the present case with full force.

Further, in any case, there is no reason, why such panel should be allowed to continue for an indefinite period. In my opinion, this application has no merit, which is accordingly dismissed.

(Chakradhari Sharan Singh, J) Rajesh/- U