Bittu Kumar vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5757 of 2023
======================================================
Bittu Kumar Son of Rajendra Das Resident of Village- Madarpur Aswa, Gram
Panchayat- Madarpur, Block- Amnour, P.S.- Bheldi, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Scheduled
Caste and Scheduled Tribes Welfare, Government of Bihar, Patna.
2. The Principal Secretary, Department of Scheduled Caste and Scheduled
Tribes Welfare, Government of Bihar, Patna.
3. The Director, Department of Scheduled Caste and Scheduled Tribes Welfare,
Government of Bihar, Patna.
4. The Deputy Director (Welfare), Department of Scheduled Caste and
Scheduled Tribes Welfare, Government of Bihar, Patna.
5. The District Magistrate, Saran at Chapra.
6. The District Project Officer- Cum- District Welfare Officer, District- Saran
at Chapra.
7. The Sub Divisional Officer, Madhoura, District- Saran at Chapra.
8. The Sub Divisional Welfare Officer, Madhoura, District- Saran at Chapra.
9. The Block Development Officer, Block- Amnour, District- Saran at Chapra.
10. The Block Welfare Officer, Block- Amnour, District- Saran at Chapra.
11. The Sub Divisional Level Vikash Mitra Selection Committee, through the
Sub Divisional Officer/ Sub Divisional Welfare Officer, Madhoura, District-
Saran at Chapra.
12. The Bihar Mahadalit Vikash Mission, Block-3, 2nd Floor, Old Secretariat,
Bihar, Patna, through its Mission Director.
13. The Mission Director, Bihar Mahadalit Vikash Mission, Block-3, 2nd Floor,
Old Secretariat, Bihar, Patna.
14. The District Magistrate-Cum- President, Zila Mahadalit Mission Samiti,
District- Saran at Chapra.
15. Sulekha Kumari Wife of Sujit Kumar Das, Resident of Village, Post and
Gram Panchayat - Madarpur, Block- Amnaur, Sub-Division - Marhaura,
District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No.5, Adv.
For the State : Mrs. Kumari Amrita (GP-3)
Mr. Rajesh Kumar (AC to GP-3)
For the B.M.V.M. : Mr. Ranjeet Kumar Pandey, Adv.
For the Resp. no. 15 : Mr. Vijay Kumar, Adv.
======================================================

Patna High Court CWJC No.5757 of 2023 dt.01-09-2026
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 01-09-2026
Heard learned counsel for the petitioner, learned
counsel for the State, learned counsel for the Bihar Mahadalit
Vikash Mission (B.M.V.M.) and learned counsel for the private
respondent no. 15.
2. The present writ petition has been filed
commanding the respondent authorities to advertise the post of
Vikash Mitra in Cluster- Ward no. 10, Gram Panchayat-
Madarpur, Block- Amnour. Further prayer has been made for
directing the respondent Sub-Divisional Officer, Marhaura,
District- Saran to bring the letter dated 26.06.2023 by which the
newly added respondent no. 15 has been appointed on the post
of Vikash Mitra in Gram Panchayat- Madarpur and
subsequently for quashing the said letter dated 26.06.2023.
3. Learned counsel for the petitioner submits that
the petitioner is a resident of Gram Panchayat- Madarpur
belonging to SC category and eligible for appointment on the
post of Vikash Mitra in Ward no. 10. He submits that the said
post was filed by one Manish Kumar who was selected and
appointed on this post through the merit list dated 12.03.2021.
But, after serving for two years, the said Manish Kumar

Patna High Court CWJC No.5757 of 2023 dt.01-09-2026
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resigned and the post become vacant. Counsel submits that as
per the basic rule of selection and appointment as well as the
guidelines of the Mahadalit Vikash Mission, one merit list is
valid for only 01 year, but his main grievance is that private
respondent no. 15 was selected from the said merit list which
was two years old, whereas, according to rule, the said merit list
is valid for only 01 year. Counsel further submits that counter
affidavit on behalf of Respondent nos. 12 & 13 (Bihar
Mahadalit Vikash Mission) has been filed in which Annexure-D
series is very categorical in this regard that validity of merit list
for one year will be effective from the date of decision of the
Executive Committee i.e. from 12.03.2021 and the said validity
of merit list for one year shall be counted from the date of
distribution of employment letter.
4. Learned counsel for the State, on the other hand,
submits that as per Annexure-R/5, the private respondent no. 15
has been appointed vide letter dated 26.06.2023 and presently,
she is working on the post of Vikash Mitra after resignation of
earlier appointed Vikash Mitra.
5. Learned counsel appearing for the Bihar
Mahadalit Vikash Mission (B.M.V.M.), on the other hand,
submits that as per the rule, the merit list is valid for only one

Patna High Court CWJC No.5757 of 2023 dt.01-09-2026
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year, but he also submits that the private respondent no. 15 is
working from the same panel issued in favour of the private
respondent no. 15 on 26.06.2023.
6. Learned counsel for the private respondent no.
15 submits that it is the decision which has to be taken from the
officials of State/Mahadalit Vikash Mission, but, she has been
appointed and presently working, validly participated in the
appointment process and there is no role of private respondent
no. 15 in issuance of her appointment letter but by virtue of
issuance of appointment letter and upon her joining, right has
accrued to the petitioner.
7. After hearing the parties and upon perusal of the
Chayan Margdarshika for Vikash Mitra, it transpires to this
Court that it’s Clause- XI & XII (annexed as Annexure-E series)
are very much relevant which states as follows:-
“Clause-XI- ftyk inkf/kdkjh dk nkf;Ro
laiw.kZ p;u izfØ;k ftyk inkf/kdkjh ds lkekU;
Ik;Zos{k.k vkSj fu;a=.k esa iwjh dh tk,xh rkfd ikjn”khZ
rjhds ls fu;kstu izfØ;k iw.kZ gks A
Clause-XII- fcgkj egknfyr fodkl fe ku ”
p;u dh laiw.kZ izfØ;k fcgkj egknfyr fodkl fe”ku
ds ekxZn”kZu] Ik;Zos{k.k esa dk;kZfUor dh tk,xhA
p;u izfØ;k lacaf/k vfu;ferrk dh tkWap ftyk

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inkf/kdkjh@ fe”ku ds inkf/kdkjh }kjk dh tk;sxhA
ftyk inkf/kdkjh@ fe”ku ds inkf/kdkjh leqfpr tkWap
dj fu.kZ; ysaxsA ftyk inkf/kdkjh@ fe”ku ds
inkf/kdkjh dh tkWap ds fo:)] vihy fcgkj egknfyr
fodkl fe”ku ds jkT; fe”ku dk;kZy; dks dh tk
ldrh gSA fcgkj egknfYkr fodkl fe”ku dk fu.kZ;
vafre gksxkA ”
7.1. It is also relevant to quote Clause-5 of the
Executive Committee of the Bihar Mahadalit Vikash Mission, as
recorded in its meeting dated 12.03.2021, which states as
follows:-
“5.
fodkl fe= es/kk lwph dh oS/krk ds laca/k esaA
fnukad 20-02-2020 dks vk;ksftr dk;Zdkfj.kh flefr ds
le{k fodkl fe= es/kk lwph dh oS/krk ls lacaf/kr
izLrkor izLrqr fd;k x;k FkkA dk;Zdkfj.kh lfefr }kjk
lkekU; iz”kklu foHkkx] fcgkj ls ekxZn”kZu izkIr djus
dk funs”k fn;k x;k FkkA lkekU; iz”kklu foHkkx fcgkj]
iVuk ls bl laca/k esa ekxZn”kZu dh ek¡x dh xbZA
lkekU; iz”kklu foHkkx ds i=kad 8151 fnukad 10-09-
2020 ds ek/;e ls ekxZn”kZu izkIr gS] ftlesa es/kk lwph
dh oS/krk ,d o’kZ gksuk crk;k x;k gSA
ekxZn”kZu ds vkyksd esa fodkl fe= ds es/kk lwph dh
oS/krk ,d o’kZ fu/kkZfjr dh tk ldrh gSA ”

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8. Here in the present case, admittedly, one Manish
Kumar was appointed on the post of Vikash Mitra on
12.03.2021, meaning thereby, the merit list was prepared in the
year 2021 and as per the aforesaid clause-5, the said merit list is
valid for one year and date of executive instruction is
15.03.2021. In this regard, Mission Director, Bihar Mahadalit
Vikash Mission has also issued a letter No. 565 dated
03.06.2021 in which it has been accepted that the validity of
Mahadalit Vikash Mitra is one year but admittedly, after a lapse
of about two years, private respondent no. 15 was appointed.
9. From the aforesaid rule, it transpires that relating
to appointment, the authority concerned after the S.D.O. is the
District Magistrate. Here, the S.D.O has issued letter of
appointment dated 26.06.2023 which is in gross violation of the
said rule and appeal has to be preferred before the concerned
District Magistrate.
10. In this view of the matter, petitioner is hereby
directed to move before the District Magistrate, Saran at Chapra
(Respondent no. 5) for his grievances which he has raised in the
writ petition along with a copy of this order within 30 days from
today and the District Magistrate, Saran at Chapra upon hearing

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the private respondent no. 15 and the petitioner shall take
decision in the light of rule and executive instruction dated
15.03.2021, within 90 days from the date of production of this
order before him. It is made clear that the said 90 days shall be
counted from the date of appearance of all concerned in this
matter.
11. Accordingly, with the aforesaid observation and
direction, this writ petition stands disposed off.


(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 03/09/2026
Transmission Date NA