The petitioner sought quashing of an order directing selection for Shiksha Sevak post. The Court held the post was not statutory or permanent, citing prior decisions on similar posts like Tola Sevak. The writ was dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7978 of 2024
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Majubi Parween W/o Md. Sadir, R/o Vill Khojuchak, P.O. Sonpura, P.s. Simri Bakhtiyarpur, Dist. Saharsa.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. Government Pleader 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Patna High Court CWJC No.7978 of 2024(2) dt.26-11-2024 2/3
Talimi Markaj but after completion of seven years appointment of the petitioner and others was declared against the guidelines on the ground that they are minority general caste.
"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 co-ordinate 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.Α. No. 2185 of 2015 whereby and where under 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
Patna High Court CWJC No.7978 of 2024(2) dt.26-11-2024 3/3
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 maintainable, hence the same is dismissed.”
recourse to such other remedies as are available under the law.
(Prabhat Kumar Singh, J)
Navya/-
U
2 issues framed by the court
Whether the post of Shiksha Sevak/Shiksha Swang Sevak is a statutory post creating a statutory right?
Whether a writ petition challenging selection for a non-statutory scheme-based post is maintainable under Article 226?
Majubi Parween
State of Bihar
Additional Chief Secretary, Education Department
Director, Primary Education
District Magistrate, Saharsa
District Education Officer, Saharsa
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
