Disposed

Shyam Sunder Prasad and Ors. v. The State Of Bihar and Ors.

Patna HC30 Jul 2012CWJC/12958/2012

Case brief

AI extract

What is this about?

Writ petition by four teachers approved by Supreme Court for appointment whose appointment letters were not issued. Court instructed respondents to examine approval list, address grievances, and issue appointments within two months.

What did the court decide?

Respondents directed to examine if petitioners are on the approved list of 34,540 persons and issue appointment letters within two months.

Shyam Sunder Prasad and Ors. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12958 of 2012

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======================================================

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Shyam Sunder Prasad Son Of Shri Chhotu Prasad Resident Of Village - Itasang, P.S. - Rahui, District - Nalanda

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Imtiaz Ahmad Son Of Bashir Ahmad Malik Resident Of Village - Khanquah Islampur, P.S. - Islampur, District - Nalanda 3. Shailendra Kumar Sinha Son Of Late Shivnandan Prasad Sinha Resident Of Village - Sundi Bigha, P.S. - Ekangarsarai, District - Nalanda

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Janardan Prasad Son Of Late Ambika Prasad Resident Of Village - Dhanahar, P.S. - Ekangarsarai, District - Nalanda

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Director, Department Of Primary Education, Government Of Bihar, Patna 3. The Secretary, Primary Education, Government Of Bihar, Patna

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The District Magistrate, Nalanda

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The District Education Officer, Nalanda

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manager Sah, Adv. For the Respondent/s : Mr. Manoj Kr. Ambasta GP-14 Mr. Santosh Kr. Mishra, Adv.

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 30-07-2012 Heard learned counsel for the petitioners and

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the State.

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The grievance is that notwithstanding their names figuring within the list of 34,540 persons approved by the Supreme Court for appointment as Teachers, counselling having been done and school allotted, the appointment letter was not being issued.

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Counsel for the State submits that even thereafter if issues arise in the law, the respondents for valid reasons may have the right to deny appointment.

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Patna High Court CWJC No.12958 of 2012 (2) dt.30-07-2012

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2 / 2

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Even if a person has no vested right to appointment after empanelment, it can only be denied for justifiable and cogent reasons and not arbitrarily.

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Let the respondents examine if the name of the petitioners figured within the list 34,540 persons approved by the Supreme Court and thereafter consider their grievances for counselling and failure to provide appointment letter in accordance with law within a maximum period of two months from the date of receipt/production of a copy of this order before respondent no. 5.

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The writ application stands disposed.

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P. Kumar/-

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(Navin Sinha, J)

Shyam Sunder Prasad and Ors. v. The State Of Bihar and Ors.

Case brief

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Shyam Sunder Prasad and Ors. v. The State Of Bihar and Ors.

Case brief

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