SHAILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved by the office order no. 1622 dated 6.9.2001 issued by the Secretary -cum -ln -spector General of Registration, Bihar, Patna as contained in Annexure -1, whereby and whereunder Respondent No. 4 has been appointed as temporary Clerk in the Registration Department ignoring the claim of the petitioner.

(2.) LEARNED counsel for the petitioner has submitted that the post on which Respondent No. 4 has been appointed was reserved for backward class of which petitioner was only member in the existing list of Extra Clerks. Despite this, Respondent No. 4, who belongs to extremely backward class has been arbitrarily given appointment by the impugned order ignoring the legitimate claim of the petitioner. Learned counsel referred to para 4(iv) of the counter affidavit wherein Respondents have admitted that the petitioner was the only member of the backward community in the existing list of Extra Clerks for appointment as temporary Clerks.

(3.) FROM the supplementary counter affidavit filed on behalf of official Respondents, it appears that in Vaishali district there were four vacancies of temporary Clerks in the year 2001 and according to roster clearance accorded by the Commissioner, Tirhut Division on 18.12.2000 categorywise vacant post were as follows: General -2, Backward caste -1, Most Backward caste -1 Total -4