Writ petition seeking empanelment and appointment on a Class IV post in Collectorate Muzaffarpur and quashing of rejection memo. Court held the earlier order only required consideration when a new panel was prepared; under the 2023 rules appointments occur through BSSC without panel preparation, so no relief was possible. Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7694 of 2026
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Dashai Kumar Rajak Son of Late Babulal Rajak, Resident of Muhalla- Pakki Sarai, Bindeshwari Complex, Police Station- Muzaffarpur Town, DistrictMuzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Tejendra Sinha, Advocate For the Respondent/s : Mr. Nadim Seraj, GP-5 Ms. Shalini, AC to GP-5
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
counsel for the State.
present writ petition has been filed in the form of mandamus and directing the respondents to empanel and appoint him on the Class IV post in Collectorate Muzaffarpur or in any other office of Muzaffarpur. The further prayer has been made to quash the Memo No. 212 dated 31-01-2026 issued by the Deputy Collector, Establishment, Muzaffarpur by which the candidature of petitioner for appointment on Class IV post has been rejected.
Patna High Court CWJC No.7694 of 2026(2) dt.16-06-2026 2/4
Patna High Court CWJC No.7694 of 2026(2) dt.16-06-2026 3/4
order passed by this Hon’ble Court in CWJC No. 19595 of 2012 whose operative part states as follows:-
“ In such view of the matter, whenever the new panel will be prepared for the purposes of appointing the person in Class IV post and if the petitioner files an application for his engagement/absorption on Class IV post, the same will be considered by the competent authority in accordance with law.
With the aforesaid observations and directions, this writ application is disposed of .”
Patna High Court CWJC No.7694 of 2026(2) dt.16-06-2026 4/4
prepared without appearance of persons in the examination conducted by BSSC. It is true that the Saving Clause of the Rule 2023 indicates that this rule shall not be barrier in the implementation of the Court’s order. But this Court of the view that there was no direction in the said writ petition (CWJC No. 19595 of 2012) for appointment of the petitioner rather it was only observed that whenever new panel shall be prepared under the then rule, the same will be considered by the competent authority in accordance with law. But now, the situation has completely changed according to rule of 2023 for selection of Class IV employees.
(Dr. Anshuman, J)
prakashmani/-
U T
1 issue framed by the court
Whether the petitioner could seek empanelment and appointment on a Class IV post under an earlier court direction despite the 2023 recruitment rules vesting selection in BSSC.
Colour shows how this judgement treated each authority
Kapil Kumar & Ors. Vs. The State of Bihar & Ors.Relied on¶8
(2020) 1 PLJR 287
Dashai Kumar Rajak
The State of Bihar through the Chief Secretary, Government of Bihar
The Secretary cum Commissioner, Personnel and Administration Reform, Government of Bihar, Patna
The Commissioner, Tirhut Division, Muzaffarpur, District- Muzaffarpur
The District Magistrate, Muzaffarpur, District- Muzaffarpur
The Deputy Collector I/c (In-charge), District Nazarath, Muzaffarpur Collectorate, District- Muzaffarpur
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
