Dhananjay Lohara vs The State of Bihar and Others

The post of head clerk in the office of District Education Officer, Hazaribagh, has been filled up temporarily by authorising Respondent No. 6 to discharge the function of head clerk-accountant.

According to the Petitioner, he being the senior most in the office, he should have been directed to discharge the function of head-clerk cum accountant.

On behalf of the State and Respondent No. 6, counter affidavit has been filed. It has been asserted that for the purpose of appointing any person even for authorising any body, to discharge the function of head clerk-cum-accountant, that person must pass accountancy examination.

On behalf of the Petitioner with reference to annexure-7, it was submitted that passing of accountancy examination is not a must. The statement made on behalf of the Petitioner is not correct because the post is not only a post of head clerk, but head-clerk-cum-accountant. Therefore, until and unless a person passes accountancy examination, he cannot be asked to discharge the function of head-clerk-cum-accountant. Rule 157 of the Bihar Boards Miscellaneous Rules also provides that for the purpose of selection grade, i.e. post of head clerk cum-accountant, a person must pass accountancy examination.

For the reasons aforesaid, this writ petition is dismissed with liberty to the Petitioner to seek relief departmentally, if availablo in law.