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Patna High Court

Bhupendra Kumar SahversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The petitioner is not qualified for the post as he does not possess the required Class‑X qualification, and the writ of mandamus is dismissed.

Summary

The petitioner, Bhupendra Kumar Sah, filed a writ of mandamus seeking appointment to a vacant Daffadar (Chaukidar) post in Pipra Police Station, claiming he belongs to a backward class and has a clean record. He submitted a representation on 24‑09‑2016 but the respondents, including the State of Bihar and local officials, did not appoint him. The respondents relied on a Home Department memo (No. 335 dated 10‑01‑2015) that stipulates a minimum qualification of Class‑X for the post. The petitioner is only a Class‑VIII pass holder, which the court found to be a disqualification. Consequently, the court held that the petitioner does not meet the statutory qualification and dismissed the writ application.

Issues considered

  • Whether the petitioner is entitled to appointment as Daffadar/Chaukidar despite not meeting the Class‑X qualification prescribed by the Home Department memo.
  • Whether a writ of mandamus can be issued directing the appointment when the petitioner is ineligible under the applicable qualification criteria.

Subjects

  • appointment
  • police recruitment
  • qualification requirement
  • mandamus
  • writ jurisdiction
  • backward class
  • vacancy
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.1768 of 2017
                 ======================================================
                 Bhupendra Kumar Sah Son of Raju Sah, Resident of Village- Dulari, P.S.-
                 Pipra, District- Supaul.
                                                                              ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar, through the Director General of Police, Bihar, Patna.
           2.    The District Magistrate, Supaul.
           3.    The Superintendent of Police, Supaul.
           4.     The Officer-In-charge, Pipra Police- Station, District- Supaul.
                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Respondent/s     :       Mr. Sheo Shankar Prasad, SC-8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   05-01-2026                 1. No one appears on behalf of the petitioner. Learned

                   counsel for the respondents is present.

                               2. The petitioner has filed the instant application for

                   the following relief :-

                                                   “1. That this writ application is being
                                        filed to the nature of Mandamus for appropriate
                                        writ/writs, so directing the respondents they
                                        appoint to the petitioner on the post of vacant
                                        seat of Daffadar in the Pipra Thana under
                                        District- Supaul. There are four seats of Dafadar
                                        is vacant in the Pipra Thana. No Daffdar is
                                        working in the Dudhani Gram Panchayat in the
                                        Pipra Thana. That Petitioner has given a
                                        representation     on     24.9.2016       to     the
                                        Superintendent of Police Supaul and District
                                        Magistrate   Supaul.    In   this   representation
                                        petitioner is cleaning for appointment of the post
Patna High Court CWJC No.1768 of 2017(4) dt.05-01-2026
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                             of Daffadar.
                                                         A photo/typed copy of the
                                         representation dated 24.9.2016 is
                                         annexed herewith and marked as
                                         Annexure-1 to this application.”

                        3. Having gone through the contents of the petition,

          the case of the petitioner as stated therein is that inspite of there

          being four vacant seats for the post of Dafadar in Pipra Police

          Station and no Dafadar working in gram panchayat Dudhayani,

          the respondents are not appointing anyone. They have also not

          taken any steps pursuant to the representation filed by the

          petitioner.

                        4. It is further case of the petitioner that he belongs to

          the most backward class and is Class-VIII pass. His conduct is

          good and he has no criminal antecedent. As such a direction be

          given to the respondents to appoint him on the post of

          Chaukidar.

                        5. On perusal of the counter affidavit filed on behalf

          of respondent no.2 it transpires that as per instructions issued

          contained in Memo no.335 dated 10.1.2015 under the signature

          of Deputy Secretary, Department of Home (Police), Government

          of Bihar, the qualification for appointment on the post of

          Chaukidar has been fixed as Class-X pass.

                        6. From the contents of the writ application itself,
            Patna High Court CWJC No.1768 of 2017(4) dt.05-01-2026
                                                        3/3




                      even from the uncontroverted facts, the qualification of the

                      petitioner is of being Class-VIII pass. As such the petitioner is

                      not qualified for appointment on the post of Chaukidar, not

                      having passed Class-X.

                                  7. In view of the facts and circumstances stated herein

                      above, the Court finds no merit in the instant application and the

                      same is dismissed.


                                                     (Partha Sarthy, J)
avinash/-

U


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