A daily-wage Class IV employee sought selection as Attendant in the District Collectorate, Saharsa, claiming his long service and prior panel listings entitled him to selection despite failing the BSSC written examination. The Court held no such right accrues from prior service or panel listing and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6527 of 2025
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Vivek Kumar Son of Ramotar Sah Resident of Naryar Road, Naya Bazar, Ward No.2, P.S. and Dist.-Saharsa.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Respondent/s : Ms. Prachi Pallavi, Adv. For the State : Mr. Akash Raj,AC to GA5 ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
Heard Learned Counsel for the petitioner Learned
Counsel for the State and Learned Counsel for the Bihar Staff Selection Commission (BSSC).
Patna High Court CWJC No.6527 of 2025(2) dt.29-04-2025 2/4
been working on Class IV post on daily wages basis since 1994 in the District Collectoriate, Saharsa and his name appeared in panel list of year 1995, 1997, 2007, 2014 and 2019.
Patna High Court CWJC No.6527 of 2025(2) dt.29-04-2025 3/4
Patna High Court CWJC No.6527 of 2025(2) dt.29-04-2025 4/4
and therefore, by virtue of the ground that he was earlier working and selected in panel of different years, shall definitely accrue the right in favour to the petitioner as in the BSSC examination process, he could not be selected.
(Dr. Anshuman, J.)
Prakashmani/-
U
1 issue framed by the court
Whether a Class IV daily-wage employee who appeared in panel lists of various years has an accrued right to be selected by BSSC for the post of Attendant despite failing the written examination.
Colour shows how this judgement treated each authority
Kapil Kumar & Ors v. State of Bihar and OrsRelied on¶8
Kapil Kumar & Ors, Vs. State of Bihar and Ors, CWJC No.1861 of 2019
Vivek Kumar
The State of Bihar through Addl. Chief Secretary, General Administration Deptt., Govt. of Bihar, Patna
The Commissioner, Koshi Division, Saharsa
The District Magistrate, Saharsa
The Addl. Collector, Saharsa
The Deputy Collector, Establishment, Saharsa
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
