Md. Neyaz Ahmed vs The State of Bihar and Others

V.N. Sinha, J.—Heard learned counsel for the petitioner and the State. This application has been filed for a direction to the respondent District Magistrate to appoint the petitioner on the vacant post of Technical Daftari in the office of the Collector/Land Acquisition Officer, Bhojpur, Arrah as according to the petitioner he appeared in the selection process for appointment over the said post. According to the petitioner he has been selected but the authorities are not giving him the appointment letter, accordingly, this writ application has been filed to direct the authorities to issue the appointment letter as also to appoint the petitioner.

The State respondents have filed a counter affidavit whereunder they have enclosed the instruction of the State Government bearing letter No. 624 dated 19.10.2001, perusal whereof indicates that the post of Technical Daftari in the office of the Collector/Land Acquisition Officer, Bhojpur, Arrah is a reserved post and the petitioner though selected cannot be appointed over the said post as he belongs to the general category.

In reply learned counsel for the petitioner submits that the post in question is not a reserved post and as such pursuant to the selection already made he should be appointed.

In my opinion as the State Government has declared the vacant post of Technical Daftari in the office of Collector/ Land Acquisition Officer, Arrah as a reserved vacancy under instruction contained in letter No. 624 dated 19.10.2001 the petitioner should challenge the said instruction where under the said post has been reserved as so long the said instruction remains valid the petitioner cannot be appointed on the post of Technical Daftari in the office of the Collector/Land Acquisition Officer. With the observation, this writ application is disposed of. No costs.