IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1693 of 2005 BANKE LAL YADAV S/O SATYA NARAIN PD.YADAV R/O VILL- BAISHIYA PO + PS SRI NAGAR, DISTT- WEST CHAMPARAN--------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE D.M. WEST CHAMPARAN, BETTIAH 3. THE SUPERINDENT OF PLICE,WEST CHAMPARAN BETTIAH------- ---------------------------RESPONDENTS. ----------- 5 3.9.2010 Heard learned counsel for the parties. Petitioner wants a direction upon the District Magistrate, West Champaran for his regularisation on the post of Dafadar and for quashing of the resolution dated 3.1.2000 by virtue of which his claim has been rejected. The case of the petitioner is that it is a case of discrimination that in a similar circumstance another person came to be appointed as would be evident from annexure-7. Learned counsel for the State has filed a counter affidavit and has brought a government resolution on record as annexure-A which is dated 20th December, 1995 by virtue of this it is their stand that no appointment can be made directly on the post of Dafadar. If such appointments have to be made it has to be made from the list of Choukidars who are otherwise eligible in terms of the guidelines. The claim of the petitioner that he had worked on the post of Dafadar for ten years have been denied. It is also the stand of the State that annexure-7 had been issued on the direction of the High Court in the circumstances mentioned in that case and that too because of the compassionate appointment. The case of the present petitioner cannot be equated with the same. - 2 - If the stand of the State is taken into consideration, the reason for rejection of the claim of the petitioner cannot be said to be faulty. No direction can be issued in favour of the petitioner for appointment/regularisation only on the basis of disputed circumstance and the policy decision referred to above. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)