IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7694 of 2026 ====================================================== Dashai Kumar Rajak Son of Late Babulal Rajak, Resident of Muhalla- Pakki Sarai, Bindeshwari Complex, Police Station- Muzaffarpur Town, District- Muzaffarpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar. 2. The Secretary cum Commissioner, Personnel and Administration Reform, Government of Bihar, Patna. 3. The Commissioner, Tirhut Division, Muzaffarpur, District- Muzaffarpur. 4. The District Magistrate, Muzaffarpur, District- Muzaffarpur. 5. The Deputy Collector I/c (In-charge), District Nazarath, Muzaffarpur Collectorate, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Tejendra Sinha, Advocate For the Respondent/s : Mr. Nadim Seraj, GP-5 Ms. Shalini, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 16-06-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. Learned counsel for the petitioner submits that the present writ petition has been filed in the form of mandamus and directing the respondents to empanel and appoint him on the Class IV post in Collectorate Muzaffarpur or in any other office of Muzaffarpur. The further prayer has been made to quash the Memo No. 212 dated 31-01-2026 issued by the Deputy Collector, Establishment, Muzaffarpur by which the candidature of petitioner for appointment on Class IV post has been rejected. Patna High Court CWJC No.7694 of 2026(2) dt.16-06-2026 2/4 3. Learned counsel submits that petitioner has earlier moved in CWJC No. 19595 of 2012 in which vide order dated 13-12-2017, order has been passed in favor of the petitioner and his writ petition was disposed of. 4. Counsel further submits that in the light of observation made in the said writ petition, the petitioner has filed an application for his engagement/absorption on Class IV post, but it has not been considered by the competent authority and inspite thereof, the Memo No. 212 dated 31-01-2026 has been issued. 5. Learned counsel for the State, on the other hand, submits that the said order was passed in the year 2017, but subsequently, in the year 2023, a fresh rule namely “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023” has come into existence according to which, the appointment of Class IV post has to be made only through Bihar Staff Selection Commission (BSSC). 6. Counsel further submits that in the light of the new rule of 2023, the petitioner is not entitled for any relief and the order impugned, which has been challenged by the petitioner, is a legal order. As such, there is no need of any interference. 7. After hearing the parties and upon perusal of the Patna High Court CWJC No.7694 of 2026(2) dt.16-06-2026 3/4 order passed by this Hon’ble Court in CWJC No. 19595 of 2012 whose operative part states as follows:- “In such view of the matter, whenever the new panel will be prepared for the purposes of appointing the person in Class IV post and if the petitioner files an application for his engagement/absorption on Class IV post, the same will be considered by the competent authority in accordance with law. With the aforesaid observations and directions, this writ application is disposed of.” 8. Subsequently, in the light of the case of Kapil Kumar & Ors. Vs. The State of Bihar & Ors. with other analogous cases reported in (2020) 1 PLJR 287, which was approved by Hon’ble Division Bench of this Court in LPA No.1183 of 2023, the Government of Bihar has framed a rule relating to appointment of Class IV post namely, “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023” by removing the earlier rule for appointment of Class IV post of the year 2010 and 2016 both. 9. It transpires to this Court that as a policy matter, it has been decided that no appointment on the post of Class IV shall be made through panel, and hence, this Court is of the firm view that the order passed in the writ petition, shall not help the petitioner in any manner because new panel is not being Patna High Court CWJC No.7694 of 2026(2) dt.16-06-2026 4/4 prepared without appearance of persons in the examination conducted by BSSC. It is true that the Saving Clause of the Rule 2023 indicates that this rule shall not be barrier in the implementation of the Court’s order. But this Court of the view that there was no direction in the said writ petition (CWJC No. 19595 of 2012) for appointment of the petitioner rather it was only observed that whenever new panel shall be prepared under the then rule, the same will be considered by the competent authority in accordance with law. But now, the situation has completely changed according to rule of 2023 for selection of Class IV employees. 10. Therefore, this Court is of the firm view that in the absence of preparation of new panel under the old rule, no relief can be granted to the petitioner. As such, the present writ petition stands dismissed. prakashmani/- (Dr. Anshuman, J) U T