Dismissed

Manoj Kumar Jha v. the State of Bihar and Ors.

Patna HC4 Sept 2012CWJC/13964/2012

Case brief

AI extract

What is this about?

Petitioner challenged the rejection of his appeal by the District Teachers Appointment Appellate Tribunal for failing to appear on the scheduled date. The High Court held that disputed questions of fact cannot be examined in a writ petition and dismissed the application.

What did the court decide?

The application was dismissed as the disputed question of fact regarding the petitioner's presence could not be examined in a writ petition.

Manoj Kumar Jha Vs the State of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13964 of 2012

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====================================================== 1. Manoj Kumar Jha Son Of Surendra Jha Resident Of Village And P.O. - Motipur P.S. Karjain, District - Supaul .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Member District Teacher Employment Appellate Authority Supaul 3. The District Magistrate Supaul 4. The Block Development Officer, Pratapganj District Supaul 5. The Mukhia Gram Panchayat Shripur, P.S. Karjain, District Supaul 6. The Panchayat Sachiv, Gram Panchayat Shripur P.S. Karjain District Supaul 7. Suman Kumar Singh Son Of Parmod Kumar Singh At Present Panchayat Teacher Navsrijit Vidyalaya Paswan Tola Shripur P.S. Karjain District Supaul 8. Roshan Kumar Karan Son Of Shankar Prasad Karan At Present Panchayat Teacher Primary Shool Shripur Brahman Tola, P.S. - Karjain, District - Supaul .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Maya Shankar Mishra For the Respondent/s : Mr. Dhurjati Kr Prasad Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 04-09-2012 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 13.12.2011 passed by the District Teachers Appointment Appellate Tribunal, Supaul, in Case No.1/11. It rejects the Appeal holding he had failed to appear on the scheduled date. Learned counsel for the petitioner submits that he had participated in counseling on 28.2.2009 and signed the counseling register also. His name was placed in the merit list and he was also present on 29.12.2010. He waited till

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Patna High Court CWJC No.13964 of 2012 (2) dt.04-09-2012

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5:00 p.m. but no progress took place with regard to verification of his certificates and/or appointment.

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Learned counsel for the State submits from the order of the Tribunal that the petitioner did not appear on 29.12.2010 for verification of documents and collecting his appointment letter. His name was at serial-7. Five candidates had appeared on 29.12.2010 and appointment letters were issued to them.

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Whether the petitioner had physically appeared on 29.12.2010 or not is a question of fact. Disputed questions of fact cannot be examined in a writ petition. The only question to be considered in exercise of judicial review is whether there was material in the order of the Tribunal to sustain its finding of fact that the petitioner did not present himself on 29.12.2010. The Tribunal records this finding to the prejudice of the petitioner referring to the proceeding book. Once the findings of fact by the Tribunal are based on the relevant records, it is not possible for the Court to rescrutinize this finding of fact.

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The application is dismissed.

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(Navin Sinha, J)

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K.C.jha/-

Manoj Kumar Jha v. the State of Bihar and Ors.

Case brief

What is this about?

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Manoj Kumar Jha v. the State of Bihar and Ors.

Case brief

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