The Patna High Court dismissed a writ petition challenging the rejection of the petitioner's candidature for Agriculture Coordinator. The Court held the claim for weightage as a Kisan Salahkar is untenable as per a prior decision, noting such roles are advisory for progressive farmers, not civil posts.
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.621 of 2018
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Dhananjay Prasad @ Dhananjay Kumar, son of Ramchandra Prasad @ Ramchandar Prasad, resident of Village and Post- Gariba Tola, P.S.- Rivilganj, District- Saran at Chapra.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr.Nityanand Mishra, Advocate For the Respondents : Mr.Dhurjati Kr. Prasad, GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
The petitioner has filed the writ application for quashing of the Order bearing memo no.1788 dated 04.08.2017 rejecting the petitioner’s candidature in the process of selection of ‘Agriculture Coordinator’. Petitioner’s candidature has been rejected since he has been held not entitled to weightage/marks for work experience as ‘Kisan Salahkar’. He has also sought
Patna High Court CWJC No.621 of 2018(9) dt.26-09-2022 2/3
consequential relief to modify the combined selection list/result published vide memo no.3743 dated 24.11.2017 and memo no.3754 dated 25.11.2017 by the Secretary of the RespondentCommission.
The submission of the learned counsel for the petitioner is that he has wrongly been deprived of marks/weightage for the experience of working as Kisan Salahkar. Since marks/weightage has been awarded to others who have worked as Agriculture Coordinator, denial of marks/weightage to the petitioner who was also working but as Kisan Salahkar is discriminatory. It is submitted by the petitioner’s counsel that the weightage/marks has been awarded to Agricultural Coordinators who were also working on contractual basis like the petitioner. That being so, there is no basis for denying the petitioner, who was also contractual Kisan Salahkar, the marks/weightage for his past working experience.
The learned counsel for the State has submitted that the same issue has been considered by this Court in C.W.J.C. No.8164 of 2020 and this Court has found the claim of Kisan Salahkars to be an unenforceable claim. The order of the Court is based on a consideration of the status and nature of work being performed by the Kisan Salahkars which has been taken
Patna High Court CWJC No.621 of 2018(9) dt.26-09-2022 3/3
note of and thereafter the Court was of the view that Kisan Salahkars cannot be said to hold any civil post under the Government or can be called contractual employees. In fact the Court has taken note of the fact that the condition precedent for engagement of Kisan Salahkars was that he should be a progressive farmer himself in addition to his personal farming. The role of Kisan Salahkar was of giving advice regarding agricultural work to farmers based on requirement, for which they were being paid some emoluments.
Since the fact that the issue stands concluded under Order dated 25.03.2021 passed in C.W.J.C. No.8164 of 2020 is not denied or disputed by the petitioner.
This Court would observe that no case is made out for interfering with the impugned order dated 04.08.2017, or for issuing any directions in favour of the petitioner.
Writ petition is devoid of merits and dismissed.
(Madhuresh Prasad, J)
shashank/-
U
2 issues framed by the court
Whether the petitioner is entitled to weightage or marks for his experience as a Kisan Salahkar in a selection process for Agriculture Coordinator.
Whether the impugned order rejecting the petitioner's candidature is susceptible to being quashed under the writ jurisdiction.
Colour shows how this judgement treated each authority
C.W.J.C. No.8164 of 2020Referred¶22
Dhananjay Prasad @ Dhananjay Kumar
The State Of Bihar
The Principal Secretary, Department of Agriculture, Government of Bihar
The Principal Secretary, Department of General Administration, Government of Bihar
The Agriculture Production Commission, Department of Agriculture
The Director Agriculture
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
