Dismissed

Kranti Kumari v. the State of Bihar and Ors.

Patna HC24 Jul 2012L.P.A/650/2012

Case brief

AI extract

What is this about?

A Letters Patent Appeal filed by a Panchayat teacher challenging her rejection of appointment due to non-response to the public notice for counselling. The High Court condoned the delay, permitted additional materials, but ultimately dismissed the appeal on the merits.

What did the court decide?

Interlocutory Application No. 3137 of 2012 disposed; Interlocutory Application No. 4673 of 2012 allowed additional material; Letters Patent Appeal No. 650 of 2012 dismissed in limine.

Kranti Kumari Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.650 of 2012 In Civil Writ Jurisdiction Case No. 4046 of 2012 With Interlocutory Application No. 3137 of 2012 With Interlocutory Application No. 4673 of 2012 In Letters Patent Appeal No. 650 of 2012 ====================================================== Kranti Kumari, wife of Akhilesh Singh, resident of village- Bikrampur, Police Station & Post Office- Bihpur, District- Bhagalpur

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.... .... Petitioner/Appellant

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Versus

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The State of Bihar

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The Principal Secretary, Human Resources Development Department, Bihar, Patna

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The District Education Officer, Bhagalpur

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The District Programme Officer (Establishment), Bhagalpur

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The Block Education Extension Officer, Bihpur, District- Bhagalpur

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The Panchayat Secretary Jhandapur (East), Bihpur, District- Bhagalpur

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Sarita Kumari, daughter of Mukund Poddar, At present posted as Panchayat Teacher, Yadav Tola, Jhandapur (East), Post OfficeJhandapur, District- Bhagalpur

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.... .... Respondents/ Respondents ====================================================== Appearance : For the Appellant : Mr. Siya Ram Shahi, Advocate. For the Respondents : Mrs. Neelu Agrawal GA 6 Mr. Zaki Haider, A.C. to G.A. 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 24-07-2012 Re. Interlocutory Application No. 3137 of 2012: The delay of nine days occurred in filing the Letters

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Patna High Court LPA No.650 of 2012 (5) dt.24-07-2012

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Patent Appeal is condoned.

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Interlocutory Application stands disposed of.

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Re. Interlocutory Application No. 4673 of 2012: This application for permission to bring further materials on record is filed by the appellant-writ petitioner.

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On the facts and in the circumstances of the case, the appellant is allowed to bring additional material on record of the Appeal.

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Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 650 of 2012:

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This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 2^nd March 2012 made by the learned single Judge in above CWJC No. 4046 of 2012.

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The claim of the writ petitioner for appointment as Panchayat teacher under the Panchayat Raj Jhandapur (East), Bihpur, District- Bhagalpur has been rejected by the learned single Judge on the premise that the appellant did not respond to the public notice dated 21st July 2010 to appear for counselling on 13^th August 2010. She was, therefore, rightly not appointed as Panchayat teacher.

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Learned Advocate Mr. Siya Ram Shahi has appeared for the appellant. He has submitted that the appellant had been called for counselling under intimation dated 28^th February 2009. The counselling was completed and no further counselling was required in case of the appellant.

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We see no substance in the submission. Public notice clearly indicates that for the purpose of Panchayat teacher counselling would be held on 13^th August 2010 and 14^th August 2010. It is also not in dispute that although the counselling of the

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Patna High Court LPA No.650 of 2012 (5) dt.24-07-2012

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appellant was allegedly completed in the month of February 2009; until the public notice dated 21^st July 2010; the appellant was not given appointment as Panchayat teacher.

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We see no substance in this Appeal. Appeal is dismissed in limine.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Sujit/-

Kranti Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kranti Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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