Created by Fuzzy Cloud

Patna High Court

Kanchan Kumari and OrsversusThe Chairman Of The Selection Committee and Ors

Decided
Disposal
WITHDRAWN

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The petition was dismissed as withdrawn.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 The Court dismissed the application as withdrawn, thereby leaving the original selection list in force.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

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
                                            2/3




                                  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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.