Dismissed

Chandra Kishor Prasad v. The State of Bihar

Patna HC23 Oct 2019CWJC/17666/2019

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition challenging a fresh advertisement for Panchayat Secretary posts. Relying on a Division Bench ruling mandating 100% direct appointments, the Court held that soliciting applications via advertisement was not permissible.

What did the court decide?

Application seeking appointment as Panchayat Secretary dismissed; no relief granted to petitioners.

Chandra Kishor Prasad Vs The State of Bihar — Service and Employment | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17666 of 2019

¶2

======================================================

¶3

Chandra Kishor Prasad S/o Late Mahendra Prasad Village and Post Horil Chapra, P.S. Shahpur, Dist.Bhojpur (Ara)

¶4

Dashai Ram S/o Ramnath Ram Village and PO Nawada Ben, P.S. Udwant Nagar,Dist.Bhojpur (Ara)

¶5

Sri Niwas Ram S/o Bhoda Ram Village and Po Veerpur,P.S. Shahpur, Dist.Bhojpur (Ara)

¶6

Jagdish Prasad S./o Late Ram Janam Ram Village and PO Sarana, PS Shahpur, Dist.Bhojpur (Ara)

¶7

... ... Petitioners

¶8

Versus

¶9

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Govt. of Bihar,Patna

¶10

The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar,Patna

¶11

The Principal Sectary, Department of Panchayati Raj, Govt. of Bihar,Patna

¶12

The Director, Panchayati Raj, Govt. of Bihar,Patna

¶13

... ... Respondents

¶14

======================================================

¶15

Appearance :

¶16

For the Petitioner/s : Mr.Harendra Kumar For the Respondent/s : Mr.Ajay ( Ga5 )

¶17

======================================================

¶18

CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

¶19

ORAL ORDER

¶20

3 23-10-2019 The petitioners are seeking following reliefs : -

¶21

“That the petitioners prays for issuance of a writ preferably in the nature of mandamus commanding and directing the respondents concerned to appoint the petitioners on the post of Panchayat Sevak/Secretary for which they are entitled to being Dalpaties and ignoring their valid claims, fresh steps has been taken by the respondents by way of advertising the post vide Advertisement No. 06060114 to fill up the posts of Panchayat Secretary by the Secretary, Bihar Staff Selection Commission, Patna. And/or any other relief or reliefs, writ/writs, order/orders, direction/directions, for which the petitioner is found to be entitled in the facts and circumstances of the case.”

¶22

Patna High Court CWJC No.17666 of 2019(3) dt.23-10-2019 2/2

¶23

Similar matter had come up for adjudication before this Court in case of Indrajit Sahni and Others vs. The State of Bihar and Others (C.W.J.C. No. 18236 of 2019) . The said writ application was dismissed by an order dated 06.09.2019, taking into account the Division Bench decision of this Court in case of State of Bihar and Others Vs. Subhash Chandra Shukla and Others , reported in 2009(4) PLJR 569 , and Rule 4 of Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, sub-rule (1) whereof provides that there shall be cent-percent direct appointment to the post of Gram Panchayat Secretary.

¶24

In view of the said decision of this Court in case of Indrajit Sahni and Others (supra), the relief, which the petitioners are seeking, cannot granted.

¶25

This application is accordingly dismissed.

¶26

(Chakradhari Sharan Singh, J)

¶27

Pawan/-

¶28

Chandra Kishor Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandra Kishor Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manju Kumari Vs The State of Bihar

Rakesh Kumar Singh Vs The State of Bihar

Pramod Kumar Vs Uttar Bihar Gramin Bank

Dukha Das Vs The State of Bihar

Sanjay Kumar Singh Vs The State of Bihar

Kamdeo Das Vs The State of Bihar