Patna High Court
Samarjeet Kumar,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed; the petitioner must first avail the remedy under the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011.
Summary
Petitioner Samarjeet Kumar, who applied for the post of Gram Katchahary Secretary in a Gram Panchayat, was rejected in the final merit list prepared under employment notice No.826. He filed a writ petition seeking a certiorari to quash the merit list, an inquiry into alleged irregularities, and a stay of the empanelment process. The State contended that appointments to the post are governed by the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006, and that the petitioner had not exhausted this specific remedy. The Court held that the petitioner must first avail the remedy provided under the special rules before approaching the High Court. Consequently, the petition was disposed with liberty to the petitioner to approach the appropriate authority under the Rules within thirty days.
Issues considered
- Whether the petitioner can approach the High Court directly without first availing the remedy under the Bihar Gram Panchayat (Appointment of Secretary, Rights and Duties) Rules, 2011.
- Whether the final merit list for empanelment can be quashed by a writ of certiorari.
- Whether the Court can direct an inquiry into alleged irregularities in the empanelment process.
Subjects
- Writ petition
- Gram Panchayat
- Appointment of Secretary
- Special rules
- Administrative law
- Preliminary objection
- Remedy
- Merit list
- Quashing
- Stay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7049 of 2025
======================================================
Samarjeet Kumar, Son of Sri Kant Thakur, resident of Village- Berua, P.S.
Gaighat, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, General Administration
Department, Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Sub-Divisional Officer, East Muzaffarpur.
5. The District Panchayati Raj Officer, Muzaffarpur.
6. The Block Panchayati Raj Officer, Sakara, District- Muzaffarpur.
7. The Block Development Officer, Sakara, District- Muzaffarpur.
8. The Sarpanch Gram Panchayat, Sarmastpur, Sarmastpur, Block- Sakara,
District- Muzaffarpur.
9. The Up Sarpanch Gram Panchayat, Sarmastpur, Block-Sakra, District-
Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
Mr. Pradhan Murlimanohar Pd. Adv.
Mr. Shubham Samrat, Advocate
For the Respondent/s : Mr. Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for the following reliefs:-
(i) To issue an appropriate order/s,
direction/s including a writ preferably in the
nature of CERTIORARI for quashing the
final merit list prepared for empanelment to
Patna High Court CWJC No.7049 of 2025(2) dt.16-03-2026
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the post of Gram Katchahary Secretary
Gram Panchayat Raj, Muzaffarpar
Sarmastpur, Block- Sakra, District-
Samastipur pursuant to employment Notice
No.826 issued from the office of respondent
No.2 whereby and whereunder application
form of the petitioner pertaining to
empanelment to the post in question has
been rejected vide serial No.123 of the final
merit list.
(ii) To direct the District
Magistrate, Muzaffarpur (Hereinafter
referred to as respondent No.3) to enquire
into the matter of irregularity committed in
preparation of final merit empanelment to
the post of Gram Katchahary Secretary for
the concerned Panchayat.
(iii) To direct the respondent No.6
to 8 to stay the empanelment process to the
post of Gram Katchahary Secretary
concerned Gram Panchayat pursuant to
employment notice No.826 dated 15.01.2025
until publication of fresh final merit list.
(iv) To any other relief's to which
the petitioner may be found entitled in the
facts and circumstances of the case.
3. Learned counsel for the State raised preliminary
objection and submits that for the appointment of Panchayat
Patna High Court CWJC No.7049 of 2025(2) dt.16-03-2026
3/3
Secretary, a special rule has been framed, namely, the Bihar
Gram Panchayat (Appointment of Secretary, Rights and Duties)
Rules, 2011, framed under the Bihar Panchayati Raj Act, 2006.
Counsel further submits that the petitioner has not availed the
said remedy and moved directly before this Court.
4. In light of the submissions made above, the present
writ petition stands disposed of with liberty to the petitioner to
avail the remedy under the Bihar Gram Panchayat (Appointment
of Secretary, Rights and Duties) Rules, 2011, framed under the
Bihar Panchayati Raj Act, 2006, within 30 days from today.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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