Samarjeet Kumar, Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Samarjeet Kumar, Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to avail the remedy under the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006, within 30 days from the date of the order; no other relief granted.

Issue for consideration

Whether the final merit list prepared for empanelment to the post of Gram Katchahary Secretary pursuant to Employment Notice No. 826, in which the petitioner's application was rejected at serial no. 123, should be quashed and the empanelment process stayed pending a fresh merit list and enquiry into alleged irregularities. +1 more

Ratio / Principle

In light of the State counsel's preliminary objection that a special rule governs appointment of the Panchayat Secretary and that the petitioner has not availed it, this Court disposed of the writ petition with liberty to the petitioner to avail the remedy under the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006, within 30 days; the merits of the final merit list were not examined.

Detailed headnote1 paragraphs

Patna High Court, CWJC No. 7049 of 2025 (oral order of Dr. Anshuman, J., dated 16-03-2026): Petitioner Samarjeet Kumar sought certiorari against the final merit list for empanelment to the post of Gram Katchahary Secretary of Gram Panchayat, Sarmastpur (Block Sakra), pursuant to Employment Notice No. 826 dated 15.01.2025, his application having been rejected at serial no. 123 of that list, along with directions for enquiry by the District Magistrate into irregularity in preparation of the list and a stay of the empanelment process until publication of a fresh final merit list. State counsel raised a preliminary objection that appointment of Panchayat Secretary is governed by a special rule - the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006 - which the petitioner had not availed, moving directly before the Court instead. In light of those submissions, the Court disposed of the writ petition with liberty to the petitioner to avail the remedy under the 2011 Rules within 30 days.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7049 of 2025

======================================================

Samarjeet Kumar, Son of Sri Kant Thakur, resident of Village- Berua, P.S. Gaighat, District-Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna.

The District Magistrate, Muzaffarpur.

The Sub-Divisional Officer, East Muzaffarpur.

The District Panchayati Raj Officer, Muzaffarpur.

The Block Panchayati Raj Officer, Sakara, District- Muzaffarpur.

The Block Development Officer, Sakara, District- Muzaffarpur.

The Sarpanch Gram Panchayat, Sarmastpur, Sarmastpur, Block- Sakara, District- Muzaffarpur.

The Up Sarpanch Gram Panchayat, Sarmastpur, Block-Sakra, DistrictMuzaffarpur.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar, Advocate Mr. Pradhan Murlimanohar Pd. Adv. Mr. Shubham Samrat, Advocate For the Respondent/s : Mr. Standing Counsel (21) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 16-03-2026 Heard learned counsel for the petitioner and learned

counsel for the State.

Learned counsel for the petitioner submits that the

present writ petition has been filed for the following reliefs:-

(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the final merit list prepared for empanelment to

Patna High Court CWJC No.7049 of 2025(2) dt.16-03-2026 2/3

the post of Gram Katchahary Secretary Gram Panchayat Raj, Muzaffarpar Sarmastpur, Block- Sakra, DistrictSamastipur pursuant to employment Notice No.826 issued from the office of respondent No.2 whereby and whereunder application form of the petitioner pertaining to empanelment to the post in question has been rejected vide serial No.123 of the final merit list.

(ii) To direct the District Magistrate, Muzaffarpur (Hereinafter referred to as respondent No.3) to enquire into the matter of irregularity committed in preparation of final merit empanelment to the post of Gram Katchahary Secretary for the concerned Panchayat.

(iii) To direct the respondent No.6 to 8 to stay the empanelment process to the post of Gram Katchahary Secretary concerned Gram Panchayat pursuant to employment notice No.826 dated 15.01.2025 until publication of fresh final merit list.

(iv) To any other relief's to which the petitioner may be found entitled in the facts and circumstances of the case.

Learned counsel for the State raised preliminary objection and submits that for the appointment of Panchayat

Patna High Court CWJC No.7049 of 2025(2) dt.16-03-2026 3/3

Secretary, a special rule has been framed, namely, the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006. Counsel further submits that the petitioner has not availed the said remedy and moved directly before this Court.

In light of the submissions made above, the present writ petition stands disposed of with liberty to the petitioner to avail the remedy under the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006, within 30 days from today.

(Dr. Anshuman, J.)

Aman Kumar/-

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