IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9272 of 2009 Mithilesh Kumar Jha, S/o-late Lal Chandra Jha, Resident of Village-Samar, P.S.-Nanpur, District-Sitamarhi, at present residing in the campur of Inspec- tion Bunglow (Zila Parishad), P.s.-Dumra, District-Sitamarhi. -Petitioner. VERSUS 1. The State of Bihar, through the Director, Panchayati Raj Department, Bihar, Patna. 2. The District Development Commissioenr-cum-Chief Executive Officer, Zila Parishad, Sitamarhi. 3. The District Engineer (Zila Parishad), Sitamarhi. 4. The Zila Panchayati Raj Officer, Sitamarhi. 5. Shri Harishchandra Singh, Assistant, working in the office of District Engineer (Zila Parishad), Sitamarhi. -Respondents. ----------- 03 15.10.2009 The petitioner claims promotion to the post of Accountant- cum-Head Clerk in the office of the District Engineer of the Zila Parishad. He asserts that he is duly qualified, having due educational qualification and experience, there being post available, and as such, he should be considered for promotion. Zila Parishad has appeared and filed a counter affidavit. In the counter affidavit, it has not been specifically averred that petitioner is incompetent for consideration, rather what has been stated is, the Zila Parishad is to consider the case of the petitioner as well as of several other persons, who are claiming such promotion. Petitioner has made respondent no.5 a party and virtually challenges his eligibility for the said post. Respondent no.5 has also appeared and filed counter affidavit pointing out that this Court had already held in to be qualified for appointment in the writ petition filed by him (Harishchandra Singh). He points out that in fact there are two posts of Accountant-cum-Head Clerk under the Zila Parishad is exclusively of the Zila Parishad the other under the District Engineer of - 2 - the Zila Parishad. One is of general category and the other is of reserved category. So far as general category post is concerned, that is already filled up. Petitioner, thus, cannot be considered even if he is qualified for the said appointment. At this stage, I deem it inappropriate to decide these rival contentions. At the first instance, it is for the Zila Parishad to decide upon the claims of the rival claimants. In their counter affidavit, they have stated that the District Board has to consider the said matter. Learned counsel for the respondent no.5 points out that roaster clearance has already been obtained in respect of the said two posts. Be that as it may, I direct that within six weeks from today positively the Zila Parishad would convene a meeting for the purposes of filling up the vacant post of Accountant-Cum-Head Clerk by considering the rival contentions of all the claimants and make necessary appointment giving reasons for selection of one or the other candidate. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)