IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4009 of 2010 1. RAM KISHORE RAM @ KISHORE RAM S/O CHINTAMAN RAM R/O VILL.- NIMAHIYA, P.S.- TARIYANI, DISTT.- SHEOHAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SHEOHAR 3. THE DEPUTY COLLECTOR, SHEOHAR 4. THE SUB-DIVISIONAL OFFICER, SHEOHAR 5. THE CIRCLE OFFICER, TARIYANI, DISTT.- SHEOHAR 6. THE SUPERINTENDENT OF POLICE, SHEOHAR 7. THE DEPUTY SUPERINTENDENT OF POLICE, SHEOHAR 8. THE OFFICER-IN-CHARGE, TARIYANI, DISTT.- SHEOHAR ----------- 02. 23.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the application is to be considered for appointment on the post of Chowkidar as his name has been recommended after retirement of his father on 31.10.2002. Strong reliance is placed on Rule 35 of the Bihar Chowkidar Manual dated 25.8.2006 to urge that consequent to the vacancy after retirement of his father, his name had been recommended. Learned counsel for the State submits that Chowkidars have been made Government servants in 1990 and thereafter any appointment has to be made strictly in accordance with law after open advertisement and selection. Rule 35 does and cannot prohibit the requirement of an open advertisement and selection mandated by Article 14 of the Constitution of India. Article 16 of the Constitution of India provides for equal opportunity to all citizens in matters 2 relating to employment and/or appointment in office under the Government and specifically prohibits discrimination on ground of ‘descent’. Any direction for consideration of the case of the petitioner on a recommendation made on basis of ‘descent’ without open advertisement shall violate Article 16 of the Constitution of India. There is no merit in this application, it is accordingly dismissed. P.K. ( Navin Sinha, J.)