Subhash Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2332 of 2020 ====================================================== Subhash Kumar Ram Son of Ganeshi Ram Resident of Village Kapura, Ward No. 14, P.O.- Nand Babu, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary General Administration Department, Bihar Old Secretariat Building, Patna.

3.

The Divisional Commissioner Koshi Division, Saharsa. 4.

The District Magistrate Saharsa.

5.

The District Collector Establishment, Collectoriate, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2020 Though the matter has been listed with office notes, but 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. 539 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

Patna High Court CWJC No.2332 of 2020(2) dt.05-02-2020 2/2 vs. The State of Bihar and others) that no appointment 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 law discussed in case of Kapil Kumar (supra) applies with full force, in the present case.

Further, it has been stated in paragraph 20 that the panel was prepared on 13.03.2018. 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