IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1512 of 2011 Sunil Choudhary @ Sunil Kumar SON OF LATE GANPATI CHOUDHARY, RESIDENT OF VILLAGE RAJGIR BARI SANGAT, P.S. RAJGIR, NALANDA. Versus 1. The State Of Bihar 2. CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. SECRETARY, DEPARTMENT OF SC/ST WELFARE, BIHAR, PATNA. 4. COMMISSIONER, PATNA DIVISION, PATNA. 5. DISTRICT MAGISTRATE, NALANDA 6. SUBDIVISIONAL OFFICER, RAJGIR DISTRICT NALANDA. 7. EXECUTIVE OFFICER, RAJGIR NAGAR PANCHAYAT, NALANDA. 8. ANITA KUMARI WIFE OF MOHAN KUMAR CHOUDHARY, RESIDENT OF GULZARBAGH, WARD NO. 14, P.S. RAJGIR, NALANDA. ----------- 2 29/06/2011 Earlier round of selection made on the post known as Vikas Mitra for ward No. 14, Rajgir Nagar Panchayat became controversial because the allegation made was that the appointment or selection was not strictly in accordance with the parameters laid down by the Welfare Department, copy of which has been now annexed with the supplementary affidavit filed today on behalf of the petitioner. It is evident from the materials on record that the issue was examined and enquired into at the level of the District Magistrate and he did find that the selection was - 2 - not in conformity. He, therefore, directed a fresh exercise to be carried out by adhering to the procedure including ensuring that the benefit of reservation as prescribed is also strictly be maintained. Petitioner filed this writ application on the ground that he happens to be next best candidate and if the selected candidate is ousted, he gets the right to fill in the vacancy or the slot. This Court has reservation in accepting such a plea because if the selection is vitiated for one reason or the other then the entire selection will have to go. There cannot be piecemeal appointment on the posts. The direction of the District Magistrate to that extent is logical and is not bad. Let a fresh exercise be carried out taking into consideration the parameters laid down in the guidelines with regard to selection of Vikas Mitra including the reservation which has to be made available to the respective Wards in terms of clause 5 of the parameters laid down in Article III. This writ application is disposed of with the observation aforesaid. AMIN/ (Ajay Kumar Tripathi, J.) - 3 -