MOHAMED SAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer made by the petitioner who was a Dalpati is to send him for training so that he may be considered for appointment to the post of Panchayat Sewak.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioner is working as Dalpati and the respondents decided to send ten Dalpatis for training strictly in accordance with their seniority. Accordingly, persons at serial numbers 13, 15, 72, 73, 75, 76, 77, 78, 79 and 80 were selected for training. It is the grievance of the petitioner that although his name is at serial number 81 of the seniority list and the name of respondent no. 6 figures at serial number 84 of the seniority list, latter has been selected for training, but the petitioner has been left out.

(3.) FROM the statement made in the aforesaid paragraph of the counter -affidavit, it is evident that Harihar Sahni, who is at serial number 84 has been sent for training but the petitioner whose name is at serial number 81 of the seniority list has not been sent. The explanation put forth by the respondents that the said Harihar Sahni suo motu appeared is fortuitous. In case two persons did not join training camp, respondents ought to have sent the two persons next below in the seniority list for training. They have not chosen to do the same and in fact favoured respondent no. 6 by sending him for training. In that view of the matter, I am of the opinion that the action of the respondents is discriminatory.