The Patna High Court directed respondents to consider the petitioner's candidature for appointment as a Primary Teacher based on her original reserved category declaration, dismissing a classification error as non-prejudicial. writ disposed.
Consideration of petitioner's candidature for appointment based on her original reserved category declaration.
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Patna High Court CWJC No.13667 of 2012 (2) dt.09-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13667 of 2012
======================================================
.... .... Petitioner/s
Versus 1. The State Of Bihar Through The Principal Secretary, Education Department, Government Of Bihar, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Prahlad Kr. Bhagat GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
The submissions on behalf of the parties suggest that the name of the petitioner figures within the list of 34540 persons approved by the Supreme Court to be considered for appointment as Primary Teachers.
It also does not appear to be in dispute that the petitioner was a candidate in the reserved category.
Learned counsel for the petitioner submits that while she had submitted her Caste certificate as belonging to the reserved BC-2 category. The respondents have wrongly put her in
Patna High Court CWJC No.13667 of 2012 (2) dt.09-08-2012
BC-1 category. Consequently claiming that there was confusion with regard to her reservation category appointment is being denied seeking directions by an order dated 08.02.2012.
Counsel for the State from the letter dated 08.02.2012 states that directions may be issued to the Director, Primary Education to pass appropriate orders on the request of the District Education Officer in the facts of the case.
If the name of the petitioner figures within the list of 34540 persons, her reservation category is not in dispute, any error that may have been committed with regard to her placement in the appropriate reserved status, cannot be sufficient to prejudice her consideration entirely.
Let the respondents consider the candidature of the petitioner for appointment in accordance with the declaration made by her in her application.
Let the order be complied with within a maximum period of six weeks from the date of receipt and/or production of a copy of this order.
The writ application is disposed.
Md. Ibrarul/-
(Navin Sinha, J.)
1 issue framed by the court
Whether a petitioner whose reservation category was incorrectly classified should be considered for appointment based on her original declaration.
Jiramani Devi
The State Of Bihar Through The Principal Secretary, Education Department, Government Of Bihar, Patna
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
