Binod Kumar son of Late Hari Nandan Prasad Gupta v. State Of Bihar through Chief Secretary, Govt. of Bihar Patna
2019-04-16
MADHURESH PRASAD
body2019
DigiLaw.ai
ORDER : 1. Mr. Mangalam, appearing for the petitioner, submits that since there was no valid notice regarding Aam Sabha and the procedure was contrary to 2011 guidelines this Court should interfere with selection as a result of such irregular procedure done in favour of respondent No. 7. 2. Counsel for the State, on the other hand, submits that guidelines of 2011 as it stands upon amendment with effect from 17.5.2013, provides adequate remedy to the petitioner to raise the issue regarding irregularity in selection before the authorities prescribed in the amendment dated 17.5.2013. 3. Having considered the submission this Court would find that the issue of irregularity in the matter of selection are amenable primarily before the District Programme Officer and thereafter appeal before the Deputy Director Welfare posted in office of Divisional Commissioner and other authorities specified under the amended Clause 10(3) and 10(4) of 2011 guidelines. 4. Having regard to the availability of the remedy before the authorities which are competent to examine the issues based on facts with reference to the records, and after hearing the parties concerned this Court does not find any reason to exercise discretion to take up the issue at the moment when an adequate and efficacious remedy is available to the petitioner under the guidelines itself. 5. Accordingly, the writ petition is dismissed.