RADHESHYAM MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the present case, the petitioner has made a prayer for quashing the letter no. 3778 dated 5.8.2008(Annexure-1) issued by the Secretary to the Commissioner, Tirhut Division, relating to earmark 12 posts to the scheduled caste candidates and 8 posts for the backward category on account of approving the roster de-hors to the law laid down by the Hon'ble Supreme Court in R.K. Sabharwal & Ors. Vs. State of Punjab & Ors. (AIR 1995 SCW 1371) and the circular issued by the State Government vide Memo No. 117 dated 30.9.2005, after completion of the quota to reserve category the roster of vacant post, will cease to operate of that category, till the date any vacancy caused in the quota of such reserve category and their impugned order 3 Scheduled Castes and 6 Backward Class persons shown as excess to their quota in the Panchayat Sewak cadre and those post will be filled up from the Unreserved Category in view of an order passed by Hon'ble Court in a similar matter dated 9.9.1997 passed in C.W.J.C. No. 4947 of 1997 and further give direction, the selection made on the post of Panchayat Sewak on the basis of above said roster on 8.9.2008 but again modified to the extent filling up of the post, earmark to the backward class and Scheduled Castes of General Category, on the basis of adopting the procedure of roster-cum-seniority of Dalpaties not treating the Seniority List of Dalpati as merit list in view of the order passed by this Hon'ble Court in the similar matter dated 28.7.1995 passed in C.W.J.C. No. 1652 of 1994 and to consider the case of petitioners against those post as per their seniority under General Category, later on I.A. No. 8240 of 2017 has been filed making a prayer for quashing the memo no. 396 dated 24.2.2009, memo no. 1195 dated 20.7.2009, memo no. 515 dated 6.11.2010 and memo no. 2815 dated 11.6.2008, whereby and whereunder, the Government has given guideline for the purpose of appointment to the post of Panchayat Secretary and having limited the posts for absorption of 531 Dalpatis.

(3.) In nutshell, a prayer has been made in the writ application that the petitioners have wrongly been deprived of absorption to the post of Panchayat Sevak in turn Panchayat Secretary as they were all Dalpatis posted in the district of West Champaran at Bettiah in different Gram Panchayats who were appointed by the competent authority, the Executive Committee of Gram Panchayat, approved by the District Panchayat Officer, West Champaran.