Patna High Court
Bhupendra Kumar SahversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
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
2/3
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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