High Court Patna High Court - Orders

Surya Nath Prasad Nishad vs The State Of Bihar &Amp; Ors on 19 April, 2011

Patna High Court – Orders
Surya Nath Prasad Nishad vs The State Of Bihar &Amp; Ors on 19 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.7767 of 2010
                 1. SURYA NATH PRASAD NISHAD S/O SRI RAM
                 NIHORA R/O VILL.- PARASKHAND, P.S.- KUSHINAGAR,
                 DISTT.- DEWARIYA, AT PRESENT POSTED AS
                 ASSISTANT TEACHER, S.S. GIRLS HIGH SCHOOL,
                 GOPALGANJ
                                       Versus

                 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
                 SECRETARY HUMAN RESOURCES DEVELOPMENT
                 DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
                 2. THE DIRECTOR, SECONDARY EDUCATION HUMAN
                 RESOURCES DEVELOPMENT DEPARTMENT,
                 GOVERNMENT OF BIHAR, PATNA
                 3. THE REGIONAL EDUCATION DEPUTY DIRECTOR
                 SARAN DIVISION AT CHAPRA
                 4. THE DISTRICT EDUCATION OFFICER, GOPALGANJ
                                      -----------

3 19/04/2011 This writ application has been filed by the

petitioner for a direction upon the respondents to

consider his case for granting promotion on the post of

Headmaster keeping in view his long service, training

and experience. Claim of the petitioner is that he belongs

to Bind Caste (Mallah), a resident of Uttar Pradesh and is

a Scheduled Caste. He claims that he ought to be given

promotion against vacancies existing in the reserved

category, if not in the general category.

Stand of the State in the counter affidavit is that

the petitioner may be a Scheduled Caste in the State of
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Uttar Pradesh but he cannot carry that status in the State

of Bihar since such a caste is not notified to be a

Scheduled Caste within the State of Bihar. So far as the

petitioner is concerned as there is no dispute on this issue

in view of not only the notification of the State of Bihar

but also the various decisions which have come to be

rendered in such disputes by this Court. Some such order

is annexure to the counter affidavit of the State.

If that is the stand of the State, then obviously

the petitioner cannot claim benefit of promotion under

the reserved category of Scheduled Caste but whether the

petitioner has a right of promotion based on his seniority

position in terms of the gradation list is yet another issue.

The statement made at the Bar on behalf of the petitioner

is that many a persons above the petitioner have already

begotten benefit of promotion and he too is in line.

It goes without saying that the moment the turn

of the petitioner comes for consideration for promotion

and if he fulfills all other requirements, then his case may

be considered on merit but so far as the benefit under

reserved category is concerned, the Court is in agreement

with the stand of the State that the petitioner cannot jump
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the queue on the basis of caste and the notification issued

by the State of Uttar Pradesh.

This writ application is disposed of with the

observation aforesaid.

AMIN/                   (Ajay Kumar Tripathi, J.)