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
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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.)