IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1762 of 2002 3. 19.11.2008 Kameshwar Prasad son of Sri Mangal Prasad, resident of village Nanhku Bigha, Post Office and Gram panchayat Panari, Police State and Block Belaganj, District Gaya VERSUS 1. The State of Bihar 2. The Secretary, Department of Rural Development (Rural Engineering Organisation and Panchayati Raj) Government of Bihar, Patna 3. The Director, Directorate of Panchayati Raj, Government of Bihar, Patna 4. The Divisional Commissioner, Magadh Division, Gaya 5. The District Magistrate, Gaya-cum- Chairman, District Panchayat Sewak Selection Committee, Gaya 6. The Deputy Development Commissioner, Gaya-cum- Vice Chairman, District Panchayat Sewak Selection Committee, Gaya. 7. The District Panchayat Raj Officer, Gaya-cum- Member Secretary, District Panchayat Sewak Selection Committee, Gaya -------- Heard learned counsel for the petitioner and learned counsel for the State. The prayer of the petitioner is that his case be considered for appointment to the post of Panchayat Sewak in the district of Gaya. Petitioner claims to be Dalpati. The stand of the respondents is that according to policy decision of the State Government the claims of petitioner and similar situate Dalpatis have been considered as per Government policy decision but since the cadre of Panchyat Sewak is a district cadre and in the district of Gaya 2 there was no vacancy in the post of Panchayat Sewak, no appointment could be made on the post of Panchayat Sewak. This Court finds no fault in the stand of the respondents. The non-appointment of the petitioner on account of non-availability of post in the district of Gaya suffers from no illegality. The writ petition is, therefore, dismissed. (Shiva Kirti Singh, J.) sk