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2026 Supreme(Online)(Pat) 3346

PATNA HIGH COURT
MR. PARTHA SARTHY, J
Bhupendra Kumar Sah – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.1768 of 2017



Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Sheo Shankar Prasad, SC-8

The court upheld the requirement of qualifications for appointment, dismissing the writ due to lack of eligibility.

Headnote:The petitioner's application seeks a writ for the appointment on the post of Daffadar due to four vacancies. The petitioner, being Class-VIII pass, claims eligibility; however, the prescriptions require a Class-X qualification per the Memo of the Department of Home. The Court finds the petition lacks merit and dismisses it accordingly.

Table of Content
1. petitioner seeks appointment for a vacant position. (Para 2 , 3 , 4)
2. court observes that qualifications are not met. (Para 5 , 6)
3. the application is dismissed due to lack of merit. (Para 7)

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

4 05-01-2026 1. No one appears on behalf of the petitioner. Learned counsel for the respondents is present.

2. The petitioner has filed the instant application for the following relief :-

“1. That this writ application is being filed to the nature of Mandamus for appropriate writ/writs, so directing the respondents they appoint to the petitioner on the post of vacant seat of Daffadar in the Pipra Thana under District- Supaul. There are four seats of Dafadar is vacant in the Pipra Thana. No Daffdar is working in the Dudhani Gram Panchayat in the Pipra Thana. That Petitioner has given a representation on 24.9.2016 to the Superintendent of Police Supaul and District Magistrate Supaul. In this representation petitioner is cleaning for appointment of the post of Daffadar.

A photo/typed copy of the representation dated 24.9.2016 is annexed herewith and marked as Annexure-1 to this application.”

3. Having gone through the contents of the petition, the case of the petitioner as stated therein is that inspite of there being four vacant seats for the post of Dafadar in Pipra Police Station and no Dafadar working in gram panchayat Dudhayani, the respondents are not appointing anyone. They have also not taken any steps pursuant to the representation filed by the petitioner.

4. It is further case of the petitioner that he belongs to the most backward class and is Class-VIII pass. His conduct is good and he has no criminal antecedent. As such a direction be given to the respondents to appoint him on the post of Chaukidar.

5. On perusal of the counter affidavit filed on behalf of respondent no.2 it transpires that as per instructions issued contained in Memo no.335 dated 10.1.2015 under the signature of Deputy Secretary, Department of Home (Police), Government of Bihar, the qualification for appointment on the post of Chaukidar has been fixed as Class-X pass.

6. From the contents of the writ application itself, even from the uncontroverted facts, the qualification of the petitioner is of being Class-VIII pass. As such the petitioner is not qualified for appointment on the post of Chaukidar, not having passed Class-X.

7. In view of the facts and circumstances stated herein above, the Court finds no merit in the instant application and the same is dismissed. (Partha Sarthy, J)

avinash/-

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