Vijendra Kumar Manjhi & Ors vs The State Of Bihar & Ors on 3 April, 2018
5. Learned counsel for the State and Bihar Education
Project Council submitted that first of all, the writ petition itself is
not maintainable in view of the decision of a co-ordinate Bench of
this Court dated 17.08.2015 in C.W.J.C. No. 12390 of 2015 in the
case of Ram Lakhan Ram Vs. The State of Bihar & Ors., in
which it has been held that Tola Sevak is not a government post and
qualification of Madhyama from Sanskrit Shiksha Board not being
the educational qualification required for the post of Tola Sevak, the
question of equivalence can hardly be any use for assistance to the
petitioners which has been upheld by the Division Bench by order
dated 02.02.2017 in L.P.A. No. 2185 of 2015 in the case of Ram
Lakhan Ram Vs. The State of Bihar & Ors., where it has been
held that selection or engagement or hiring of the Tola Sevak is not
any permanent appointment under the State, which is required to be
considered under Article 226 of the Constitution of India.