The Patna High Court dismissed a writ petition seeking appointment of a minor as a Chowkidar, holding that the applicant's age rendered him ineligible under the applicable scheme.
Request for direction to appoint the petitioner as Chowkidar was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3172 of 2022
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... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Durgesh Nandan, Advocate For the Respondent/s : Mr. Ajay Kumar, AC to GP-4 ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-04-2022
State counsel accepts notice for respondents. Copy
of the petition shall be furnished to the State counsel if it is not already served.
In the instant petition, petitioners have prayed for following reliefs:-
“That this writ petition is for a direction the respondents to appoint petitioner no. 1 son of petitioner no. 2 on the post of Chowkidar.”
Learned counsel for the petitioners submitted that
second petitioner submitted application for appointment of first
Patna High Court CWJC No.3172 of 2022 dt.13-04-2022 2/2
petitioner on 01.04.2019 and further second petitioner has taken voluntary retirement with reference to application dated 01.04.2019. Question for consideration in the present petition is in terms of policy matter of the State whether first petitioner is entitled to appointment to Chaukidar post or not?
In para 8 of the pleadings it is stated that first petitioner was born on 13.03.2002. Having regard to the date of birth as on 02.02.2019, first petitioner was minor. Therefore, question of entertaining second petitioner’s application dated 01.04.2019 to appoint first petitioner as Chaukidar is impermissible as first petitioner is not eligible to be appointed in terms of the scheme. Accordingly, the present petition stands dismissed.
(P. B. Bajanthri, J)
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2 issues framed by the court
Whether a minor is eligible for appointment as a Chowkidar under the state scheme?
Whether the court should direct respondents to appoint the minor petitioner to the post of Chowkidar?
Ajay Kumar
Kuldip Yadav
The State of Bihar Through Commissioner - cum- Secretary, Department of Home Special
The Commissioner - cum- Secretary, Department of Home Special
The Commissioner, Magadh Division
The District Magistrate, Nawada
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
