IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.5876 of 2011
Md.Kalam SON OF MD. EBRAHIM RESIDENT OF
TELBA, P.S. SUPAUL, DISTRICT SUPAUL.
Versus
The State Of Bihar & Ors
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2 01/08/2011 So long authenticity of annexure-5 is not
destroyed by some authentic material or evidence in this
regard, the ground urged by the petitioner that respondent
no. 5 has procured service on a false certificate of
education cannot form circumstance or basis for
interference in this writ application.
The Court is mindful of the fact that after the
year 1990 post of Chowkidar also became a civil post
under the State and it is no longer an inheritable right.
Any selection made to such post has to meet the test of
Articles 14 and 16 of the Constitution of India.
In that view of the matter, the claim of the
petitioner for his appointment as a matter of right does
not exist due to the changed circumstance.
So far as authenticity of annexure-5 is concerned,
petitioner will have to obtain evidence in this regard and
if he lays his hands on this clinching evidence, he may
have the occasion to move the authority on this score for
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annulment of appointment of respondent no. 5 Satya
Narayan Yadav.
This writ application is otherwise dismissed with
the observation aforesaid.
AMIN/ (Ajay Kumar Tripathi, J.)