Disposed

Anant Kumar v. The State Of Bihar and Ors.

Patna HC27 Aug 2012CWJC/14097/2012

Case brief

AI extract

What is this about?

In a writ jurisdiction case, the Patna High Court addressed the petitioner's challenge to an order penalizing him for pursuing multiple qualifications. The Court directed that the petitioner's candidature be reconsidered according to Tribunal directions and the law within two months before disposing of the application.

What did the court decide?

Petitioner's candidature to be considered according to Tribunal directions and law within two months.

Anant Kumar Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2012)

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Patna High Court CWJC No.14097 of 2012 (2) dt.27-08-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14097 of 2012

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====================================================== 1. Anant Kumar S/O Shri Sushil Prasad Singh R/O Vill + P.O. - Manjos, P.S. - Sikandara, Dist. - Jamui

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.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna 3. The Director, Secondary Education, Government Of Bihar, Patna 4. The District Magistrate, Jamui

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The District Education Officer, Jamui

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The District Program Officer (Education), Jamui

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The Executive Officer, Nagar Panchayat, Jhajha, Dist. - Jamui 8. Chairman, Nagar Panchayat , Jhajha, Dist. Jamui 9. The Zila Shikshak Niyojan, Appellate Pradhikar, Jamui

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar For the Respondent/s : Mr. Rajesh Kumar GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 27-08-2012 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been an applicant for the post of a Music Teacher in the High School under the Nagar Panchayat.

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He is aggrieved by order dated 09.07.2010 passed by the District Teachers Appointment Appellate Tribunal, Jamui, in Case No. 10 of 2010 which directs consideration subject to certain conditions.

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Learned counsel for the petitioner submits that he

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Patna High Court CWJC No.14097 of 2012 (2) dt.27-08-2012

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appeared at the Matriculation examination in 1989. He was a student of Graduation in the Session concluded in 1994. The examination was held belatedly in November 1995. With availability of time he pursued Sangeet Bhushan equivalent to Intermediate from the Prachin Kala Kendra, Chandigarh in the Session 1995-1996. He did not pursue the course simultaneously with Graduation. Subsequently he obtained Sangeet Visharad in the Session 2006-2007. In any event unless there is a specific prohibition a person can pursue two courses simultaneously. Relince is placed on 2011 (1) BBCJ (DB) (Dr. Pawan Kumar v. State of Bihar).

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Counsel for the State submits that the order of the Tribunal requires no interference to the extent that it holds that a candidate could not have pursued two separate qualifications from two separate Institutions during the same Session, which also is not practically possible.

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Each case will have to be decided on its own facts. The petitioner appeared at the Matriculation examination in 1989 and Intermediate examination for Science in 1991. Apparently, there is no clash in the Session. He then attended and completed B.A. Part-III in the Session of 1994. If his examination was held in 1995 that does not make him a student of the 1995 Session. If he

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Patna High Court CWJC No.14097 of 2012 (2) dt.27-08-2012

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was sitting idle after completion of the academic Session in 1994 and awaiting appearing in the final examination he thought it prudent to utilize his time by pursuing Sangeet Bhushan during the Session 1995-1996, he cannot be penalized for having fruitfully utilized the intervening period. His qualification of Sangeet Visharad during the Session 2006-2007 does not clash with any other qualification obtained during the same period.

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Let the candidature of the petitioner, be now considered in accordance with the directions of the Tribunal, and in accordance with law, if not already done, within a maximum period of two months from the date of receipt and/or production of a copy of this order and final order passed.

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The application stands disposed.

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(Navin Sinha, J.)

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Md. Ibrarul/-

Anant Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Anant Kumar v. The State Of Bihar and Ors.

Case brief

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