NIRBHAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned State Counsel for the respondents.

(2.) The writ petition has been filed by the petitioner seeking direction for appointment in his favour as Panchayat Sevak/Secretary from the post of Dalpati. The appointment of respondent No. 7 has also been assailed in the instant proceeding.

(3.) Submission of learned Counsel for the petitioner is that prior to the instant proceeding he had filed a writ petition in the year 1999. In view of the fact that the petitioner had only prayed for appointment without challenging the appointment of the person in whose place he was seeking appointment this Court had accorded permission to withdraw the writ petition for moving afresh by challenging the appointment of the person in whose place the petitioner was claiming appointment. Having availed such liberty from this Court, instant proceedings were instituted in the year 2006. The substance of grievance of the petitioner is that in 1998 the state authorities had added four additional posts in the unreserved/general category, such addition was by rectifying the earlier illegal roster in terms of order passed by this Court in CWJC No. 9514 of 1996. Even though four posts had been added in the general category the same was still filled by persons of the reserved category. Such filling up of posts in 1998 by reserved category candidates against the general category roster point was never challenged or assailed by the petitioner.