Patna High Court
Kanchan Kumari and OrsversusThe Chairman Of The Selection Committee and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed as withdrawn.
Summary
The petitioners, four private individuals, filed a writ application before the Patna High Court challenging the selection and appointment process for a Class‑IV employee (Peon) in the Civil Court, Madhubani, alleging that the process was illegal and violated Articles 14, 16 and 309 of the Constitution. They sought a court‑ordered enquiry, cancellation of the selection list dated 29‑11‑2016, and preparation of a fresh list in accordance with constitutional mandates. The respondents, comprising members of the selection committee and court officials, contested the petition. After hearing arguments, the petitioners themselves moved for withdrawal of the writ application. The Court dismissed the application as withdrawn, thereby leaving the original selection list in force.
Issues considered
- Whether the selection and appointment process for the Class‑IV employee violated Articles 14, 16 and 309 of the Constitution of India.
- Whether the selection list dated 29‑11‑2016 should be cancelled and a fresh list prepared.
Legislation cited
- Constitution of India — s. 14, 16, 309
Subjects
- selection committee
- appointment
- class‑IV employee
- peon
- writ petition
- constitutional violation
- Article 14
- Article 16
- Article 309
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1637 of 2017
======================================================
1. Kanchan Kumari W/o Sri Sunil Thakur, Resident of Village- Arijpur, P.S.-
Kanti, District- Muzaffarpur.
2. Monu Kumar Thakur, Son of Sri Shiv Narayan Thakur, Resident of Village-
Kora, P.S.- Singhwara, Via- Bharwara, District- Darbhanga.
3. Amit Kumar, Son of Sri Arvind Kumar Thakur, Resident of Village- Rajiya,
P.O.- Barri, P.S.- Benipatti, District- Madhubani.
4. Ranjan Kumar, Son of Sri Arvind Kumar Thakur, Resident of Village-
Rajiya, P.O.- Barri, P.S.- Benipatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The Chairman of the Selection Committee, The Selection Committee for
Appointment of Class-IV, Employee (Peon) Madhubani, District-
Madhubani.
2. The District and Sessions Judge, District- Madhubani.
3. The Member of the Selection Committee of the Selection Committee of
Class- IV, Employee Peon, District-Madhubani.
4. The Registrar General Patna High Court, Patna.
5. The Registrar, Civil Court, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Respondent/s : Mr. Sanjeev Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 12-01-2026 Heard learned counsel for the parties.
2. The petitioners have filed the instant application for
the following reliefs:
“1. (i) To issue an appropriate writ
Patna High Court CWJC No.1637 of 2017(6) dt.12-01-2026
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to hold enquiry into the Selection and
Appointment process of adopted for the
selection of the Class-IV employee (Pean),
Civil Court, District- Madhubani in
connection with Advertisement No.01/2016
which has been held in illegal and bad
manner and their hold that the selection list
is not sustainable in the eye of law.
(ii) To issue an appropriate writ to
cancel the selection list of Class-IV,
employee, Civil court, Madhubani issued on
29.11.016 (Annexure-3) issued under the
seal and signature of the Chairman and
Member of the slection committee, Because
the list has been prepared without taking
into account the Law emanating from Article
14 and 16 and 309 of constitution of India.
(iii) To direct the respondents to
prepare a fresh slection list following the law
emanating from constitutional mandate and
the settle principle of law laid down by the
Hon'ble court and further the case of
petitioners may be taken into account in
accordance with merit as per law.
(iv) To grant any other reliefs for
which petitioners are entitled to have the
same.”
3. After some arguments, having heard the
observations of this Court, learned counsel for the petitioners
Patna High Court CWJC No.1637 of 2017(6) dt.12-01-2026
3/3
prays for withdrawal of the writ application.
4. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
sauravkrsinha/-
U
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