Patna High Court
Azmuddin MansuriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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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