The petitioner sought a writ of mandamus for appointment as an Amin in the Revenue and Land Reforms Department. The court rejected the plea as no cause for indulgence was made out since the petitioner did not possess essential qualifications by the cut-off date, relying on a coordinate bench’s decision.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2625 of 2016
=========================================================== Raja Ram Mahto Son of Ram Shabad Mahto Resident of village - Alampur, P.S. Bachhwara, District - Begusarai
.... .... Petitioner Versus
.... .... Respondents =========================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Mrigendra Kumar, AC to GA4
===========================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 03-01-2018
None appears on behalf of the petitioner. Heard Mr. Mrigendra Kumar, learned AC to GA-4, for the State.
Perused the records.
The petitioner prays for issuance of a writ in the nature of mandamus commanding the respondents to appoint him against the post of Amin under the Revenue and Land Reforms Department, Govt. of Bihar, Patna.
Mr. Mrigendra Kumar, learned State Counsel, has while opposing the relief prayed in the writ petition submitted that since the petitioner did not possess the requisite qualification of having degree
Patna High Court CWJC No.2625 of 2016 dt.03-01-2018
2
of Amanat from a Government recognized Institute or a certificate of training of Surveyor from I.T.I. as on the cut off date which was 13.3.2014 as per advertisement that his candidature was rejected. He submits that the essential qualification for appointment against the post of Amin is an Intermediate Pass or equivalent qualification from a recognized Board or an Institution alongwith the degree of Amanat from a Government recognized Institute or a certificate of training of Surveyor from I.T.I. In reference to the statement made in paragraphs 6, 7 and 10 of the counter affidavit he submits that such certificate was produced by the petitioner only in July, 2014 which was beyond the cut off date. He next refers to a judgment of a Co-ordinate Bench of this Court passed in a matter arising from C.W.J.C.No. 2763/2015 ( Ravi Shankar Sinha & ors. v. the State of Bihar ) present at Annexure ‘D’ to submit that a similar issue had fallen for consideration before a Co-ordinate Bench and the plea was rejected on want of essential qualification and which opinion of the Writ Court was affirmed by the Division Bench when L.P.A.No. 1657/2015 was dismissed vide Annexure ‘E’. He thus submits that the issue stands concluded requiring no indulgence.
Having heard Mr. Kumar, learned State Counsel, and considering the statement present at paragraphs 6, 7 and 10 of the counter affidavit which goes uncontested, no cause for indulgence is
Patna High Court CWJC No.2625 of 2016 dt.03-01-2018
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made out to the relief prayed and the writ petition is accordingly disposed of.
(Jyoti Saran, J)
Surendra/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 08.01.2018 |
| Transmission Date |
NA |
1 issue framed by the court
Whether the writ petition for appointment as Amin is maintainable when the petitioner failed to deposit requisite qualifications by the cut-off date.
Colour shows how this judgement treated each authority
Ravi Shankar Sinha & ors. v. the State of BiharReferred¶18
Ravi Shankar Sinha & ors. v. the State of Bihar, C.W.J.C.No. 2763/2015
Raja Ram Mahto
The State of Bihar through Principal Secretary
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
