Petitioners challenged their exclusion from seniority lists for Headmaster promotion. Counter affidavit admitted inadvertent exclusion. Court directed respondents to rectify the list within two months.
Direction to incorporate petitioners in graduation list and rectify injustice by removing advanced juniors within two months.
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Patna High Court CWJC No.15106 of 2012 (4) dt.17-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15106 of 2012 ====================================================== 1. Dr. Kumari Shobha Singh W/O Dr. Hemant Kumar Singh Resident Of Govt. Girls School Quarter, P.S+ Distt- Saharsa. 2. Md. Hafijuluddin S/O Late Bachchuddin Resident Of Govt. School Quarter P.S And District- Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director Secondary Education, Budha Marg, Patna. 3. The Secretary Bihar Public Service Commission, Bailey Road, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Maya Shankar Mishra For the State : Mr. Neeraj Kumar, AC to SC-22 For the BPSC : Mr. Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 4 17-12-2012 Heard learned counsel for the petitioners and State. The petitioners were originally aggrieved by the seniority lists of 76 + 2 Lecturers sent for promotion as Headmaster to the Bihar Public Service Commission contending that their names have been wrongly excluded even while it contained the name of several juniors.
Counter affidavit has been filed by the Deputy Director (Secondary Education) Bihar. It acknowledges at paragraphs 4 and 5 that the names of the petitioner appeared to have been inadvertently excluded in the State Level Gradation List. The issue was noticed pursuant to the institution of this application. The petitioners have now been included in the
Patna High Court CWJC No.15106 of 2012 (4) dt.17-12-2012
gradation list at serial 50A and 64A.
Counsel for the petitioner submits that in view of the statement in the counter affidavit, if any juniors have marched ahead, the respondents are required to take corrective action.
It is stating the obvious. In view of the statement made in paragraph-5 of the counter affidavit, the gradation list position of the two petitioners, the respondents are naturally obliged to take it to its logical conclusion by not only incorporating their names correctly in their gradation list but also rectifying any injustice that may have been done to the petitioners by the exclusion by their names leading to any juniors having marched ahead.
The order to be complied with in accordance with law within a maximum period of two months from the date of receipt and/or production of a copy of this order, if the Commission has already sent its recommendation.
The application stands disposed.
(Navin Sinha, J.)
Md. Ibrarul/-
1 issue framed by the court
Whether the respondents are obliged to rectify the seniority list to incorporate petitioners excluded by mistake and remove juniors who marched ahead.
Dr. Kumari Shobha Singh
Md. Hafijuluddin
The State Of Bihar
The Director Secondary Education, Budha Marg, Patna
The Secretary Bihar Public Service Commission, Bailey Road, Patna
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
