High Court Patna High Court - Orders

Lalan Kumar vs The State Of Bihar & Ors on 19 August, 2011

Patna High Court – Orders
Lalan Kumar vs The State Of Bihar & Ors on 19 August, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Civil Writ Jurisdiction Case No.123 of 2010
                  1. Lalan Kumar S/O Jay Kishore Roy R/O Vill- Pandaul,
                      P.O-Panthpakar, P.S- Bathnaha, Distt- Sitamarhi

                                            Versus
                                     1. The State Of Bihar
                      2. The Secretary Of Panchayati Raj Bihar, Patna
                            3. The District Magistrate, Sitamarhi
                      4. The District Panchayati Raj Officer, Sitamarhi
                       5. The Sub-Divisional Officer, Sitamarhi Sadar
                          6. The Block Development Officer, Patna
                  7. Ashish Ranjan Yadav S/O Tulsi Pd. Yadav At Pandaul,
                      P.O-Panthpakar, P.S-Bathnaha, Distt- Sitamarhi


5/   19/08/2011

Heard learned counsel for the petitioner and

the State. No one appears on behalf of respondent No.7

despite deemed service of notice upon him.

The controversy relates to appointment on the

post of Sachiv, Gram Kutchery between the petitioner

and respondent No.7.

The petitioner holds the qualification of

Madhyama while respondent No.7 is a matriculate.

The Bihar Gram Kutchery Sachiv

(Appointment, Service Conditions and Duties) Rules,

2007 in Rule-5 provided Matriculation as the eligible

qualification only. The appointment in question was

made on 4.10.2007. Rule-5 was amended with effect

from 31.1.2008 including Madhyama as equivalent to

Matriculation for purposes of such appointment. On the

own showing of the petitioner, he was not eligible to be

appointed as he did not meet the requirements of Rule-
2

5 as he was not a matriculate.

The Court therefore finds it difficult to grant

him relief in the writ application.

It is accordingly dismissed.

KC                        ( Navin Sinha, J.)