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Patna High Court

Azmuddin MansuriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must first approach the District Magistrate under the prescribed appellate remedy, and the writ petition is disposed.

Summary

The petitioner, a resident of Mahammadpur, applied for the post of Tola Sewak under the Siksha Sewak Talimi Markaz and was initially found fit for selection. The District Education Officer later rejected his appointment on the ground that he was not a resident of Ward No.2, despite the petitioner producing a residential certificate issued by the Circle Officer. The petitioner filed a writ petition in the Patna High Court seeking quashing of that order, his appointment based on the merit list, and compliance with the 2018 recruitment guidelines. The State contended that the petitioner had not exhausted the statutory remedy of filing a second appeal before the District Magistrate. The Court directed the petitioner to file a second appeal before the District Magistrate within two weeks and ordered the Magistrate to decide the grievance on its merits, without entertaining limitation, within six weeks, thereby disposing of the writ petition.

Issues considered

  • Whether the petitioner is required to exhaust the statutory remedy of a second appeal before the District Magistrate before approaching the High Court.
  • Whether the order rejecting the petitioner’s appointment can be quashed on the ground of a valid residential certificate.
  • Whether the High Court can intervene in the recruitment process without the appellant having availed the prescribed appellate remedy.

Subjects

  • recruitment
  • appointment
  • residential certificate
  • writ jurisdiction
  • administrative law
  • appeal
  • selection process
  • Tola Sewak
  • Bihar Education Department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3056 of 2026
                 ======================================================
                 Azmuddin Mansuri Son of Kamruddin Mansuri @ Kamrudin Miyan,
                 Resident of Village- Mahmmadpur, Ward No. 2, P.O. Teknawas, P.S.
                 Mahammadpur, Block- Sidhwaliya, District- Gopalganj.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar x
           2.    The Additional Chief Secretary cum Principal Secretary, Education
                 Department, Government of Bihar, Patna.
           3.    The Director, Mass Education, Government of Bihar, Patna.
           4.    The Director Mass Education cum Joint Secretary, Government of Bihar,
                 Patna.
           5.    The District Magistrate, Gopalganj.
           6.    The Deputy Development Commissioner, Gopalganj.
           7.    The District Programme Officer (Establishment), Gopalganj.
           8.    The District Education Officer, Gopalganj.
           9.    The Block Education Officer, Block Sidhwaliya, District- Gopalganj.
           10. The Headmaster, Utkramit Middle              School,   Mahammadpur,       Block
               Sidhwaliya, District- Gopalganj.
           11. Azaz Alam, Tola Sewak, Utkramit Middle School, Mahaddampur, Block
               Sidhwaliya, District- Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Surendra Prasad Gupta
                 For the Respondent/s   :     Mr.Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   10-03-2026                      Heard learned counsel for the petitioner and

                   learned counsel for the State.

                                  2. The instant writ application has been filed for the

                   following reliefs:-

                                  (i) For quashing/ setting aside the order vide memo
                                  no.1466 dated 22.09.2025 passed by the
                                  Respondent No.8 by which the petitioner has not
Patna High Court CWJC No.3056 of 2026(2) dt.10-03-2026
                                            2/3




                          been found fit for selection for Tola Sewak (Siksha
                          Sewak Talimi Markaz) only on the ground that the
                          petitioner is not resident of Ward No.2 despite the
                          fact that the petitioner produced residential
                          certificate in his favour issued by the Circle
                          Officer, Sidhwaliya.
                          (ii) For directing the authorities to consider for the
                          appointment/ selection of the petitioner who ranked
                          first in the merit list dated 12.01.2024 prepared by
                          the committee concerned.
                          (iii) For directing the respondent authorities for
                          taking steps to conclude the recruitment process in
                          accordance with the guidelines 2018 relating to
                          selection and service condition of Tola Sewak and
                          Siksha Sawam Sewak (Talimi Markaz).
                          (iv) For any other relief(s) to which the petitioner
                          is found entitled in the facts and circumstances of
                          the case.
                          3. Learned counsel for the petitioner submits that

          the petitioner possesses a residential certificate for being

          appointed as Tola Sewak, still his claim for appointment has

          been rejected without properly considering his entitlement based

          on the certificate produced by him, duly issued under the

          signature of the Circle Officer, Sidhwaliya.

                          4. On the other hand, learned counsel for the State

          submits that without availing the remedy of second appeal

          before the District Magistrate, the petitioner has approached this

          Court.

                          5. Considering the submissions of the parties, this

          Court finds it appropriate to direct the petitioner to approach the
           Patna High Court CWJC No.3056 of 2026(2) dt.10-03-2026
                                                       3/3




                     District Magistrate, Gopalganj within a period of two weeks

                     from today by raising the issues which have not been considered

                     by the District Appellate Authority, Gopalganj. On filing of such

                     appeal, it is expected that the District Magistrate, without

                     entering into the issue of limitation, shall address the grievances

                     of the petitioner on their own merits and pass necessary orders

                     within a period of six weeks from the date of filing of the

                     appeal.

                                     6. With the aforesaid observations and directions,

                     the instant writ application stands disposed of.



                                                  (Ajit Kumar, J)

shikha/-

U


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