A Tola Sewak challenged the District Magistrate's rejection of his appointment claim. Following an earlier judgment holding such writ petitions non-maintainable because the post is scheme-based, contractual and not statutory or a civil post, the court dismissed the writ application as not maintainable.
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.5022 of 2019
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Md. Taslim Mian @ Md. Taslim Son of late Bal Hussain Resident of Village Rupwara, Police Station Tariyani Hiramma, District Sheohar
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate For the Respondent/s : Ms.Shilpa Singh (GA12) : Ms. Abhanjali, AC to GA 12
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Patna High Court CWJC No.5022 of 2019(3) dt.22-11-2023 2/3
appointment.
follows:-
"The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a judgment, dated 17.08.2015, passed by a coordinate Bench of this Court in CWJC No.12390 of 2015 as well as to a judgment dated 02.02.2017 rendered by the learned Division Bench of this Court in L.P.A. No. 2185 of 2015 whereby and whereunder it has been held that since the selection or engagement or hiring of the Tola Sevak is not a permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India as well as since the post of Tola Sevak is under a scheme, the same does not create any statutory right in favour of the petitioner, hence writ petitions in such matters as that of Tola Sevaks are not maintainable. Having regard to the aforesaid judgments rendered by a coordinate Bench of this Court as also by the learned Division Bench of this Court, this Court is of the opinion that the present writ petition is not
Patna High Court CWJC No.5022 of 2019(3) dt.22-11-2023 3/3
maintainable, hence the same is dismissed. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law."
(Anil Kumar Sinha, J)
rinkee/-
U
1 issue framed by the court
Whether a writ petition challenging rejection of a Tola Sewak appointment claim is maintainable, given the post is contractual, non-statutory, and not a civil post.
Colour shows how this judgement treated each authority
CWJC No. 18107 of 2016Followed¶4
1 provisions across 1 enactments
Md. Taslim Mian @ Md. Taslim
The State of Bihar through Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna
The Director, Primary Education, Bihar, Patna
The Director, Jan Shiksha Education Department, Bihar, Patna
The District Magistrate, Sheohar
Md. Haidar Ali
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
