Patna High Court
Ashok Paswan,versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed as the reliance on the struck-down 2014 notification is untenable and the order rejecting the appointment stands.
Summary
The petitioner, Ashok Paswan, sought a writ of certiorari to quash a memo dated 12 July 2021 that rejected his application for a dependent appointment as Chaukidar on the basis of VRs, and also sought a writ of mandamus directing the authorities to consider his case fit for appointment. The respondents argued that the petitioner relied on a 5 March 2014 notification, which had been declared violative of Articles 14 and 16 of the Constitution in Devmuni Paswan v. State of Bihar, a decision later upheld by the Supreme Court in Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) v. State of Bihar. The High Court examined whether the petitioner could invoke the earlier notification despite its being struck down. Finding that the notification was no longer law and that the petitioner had no substantive ground to challenge the memo, the Court dismissed the writ application. Consequently, the petition was dismissed with no relief granted.
Issues considered
- Whether the 5 March 2014 notification, declared violative of Articles 14 and 16, can be relied upon for a dependent appointment as Chaukidar.
- Whether the order dated 12 July 2021 rejecting the petitioner's application is liable to be quashed by a writ of certiorari.
- Whether the authorities are obligated to consider the petitioner fit for appointment by mandamus.
Subjects
- appointment
- dependent post
- Chaukidar
- writ of certiorari
- mandamus
- Articles 14
- Articles 16
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1214 of 2022
======================================================
Ashok Paswan, Son of Chandardip Bhagat, resident of Village-Bahrampur,
P.O. Shaistapur, P.S. Raghopur (Rustampur O.P), District-Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate-cum-Chairman, District Compassionate
Appointment Committee, Vaishali at Hajipur.
3. The Superintendent of Police, District-Vaishali at Hajipur.
4. The Circle Officer, Anchal Raghopur, District-Vaishali.
5. Officer-in-charge of Police Station Raghpur, District-Vaishali.
6. Officer-in-Charge of Rustampur (O.P.), P.S. Raghopur, District-Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Respondent/s : Mr. P.K.Verma, AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“(A) A writ in the nature of certiorari for
quashing the order as contained in memo no. 781
dated 12.7.21 passed by Incharge Addl. Collector,
District General Branch, Vaishali by which he has
rejected the application of the petitioner for his
appointment on the post of Chaukidar as dependent
of his retired father Sri Chandradip Bhagat on the
basis of VRs.
A true photo copy of the order
dated 12.7.21 passed in memo no. 781 is
annexed herewith and marked as Annexure- 1
Patna High Court CWJC No.1214 of 2022(3) dt.17-03-2026
2/2
(B) A writ in the nature of mandamus
commanding the respondents to consider the case of
the petitioner as fit for his appointment as chaukidar
in place of his father Sri Chandradip Bhagat village
Bahrampur, P.S and Anchal Raghopur Dist. Vaishali.
(C) To any other relief/s for which the
petitioner is found entitled to.”
3. At the outset, it is submitted by learned counsel for
the respondents that the petitioner in support of his contentions is
placing reliance on the notification dated 5.3.2014 which was the
subject matter in the case of Devmuni Paswan vs. The State of
Bihar & Ors.; (2023) 2 PLJR 425, and this Court holding the said
provision to be violative of Articles 14 and 16 of the Constitution
has set aside the same. It is further submitted that the said
judgment was challenged in the Hon’ble Supreme Court in SLA
(C) no.18983 of 2023 [Bihar Rajya Dafadar Chaukidar Panchayat
(Magadh Division) vs. State of Bihar & Ors.] which has also
been dismissed by order dated 19.3.2025.
4. In view of the above noted facts and circumstances
of the case, there is no merit in the instant writ application of the
petitioner and the same is dismissed.
(Partha Sarthy, J)
avinash/-
U
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