Writ petition by Assistant Teacher challenging exclusion from seniority list was disposed of. Court held that courts cannot entertain objections to SC-approved appointment lists and petitioner must fulfill eligibility criteria for future vacancies.
The writ petition was disposed of without granting relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20459 of 2012
====================================================== Kamlawati Rai, wife of Sant Kumar Rai, D/o. Late Indradeo Rai of village Khajuhan Khurd, P.S.Vijaypur, District Gopalganj.
.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar,Patna. 4. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh For the Respondent/s : Mr. S.S.Sundaram
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
2 05-11-2012 Heard the parties.
Patna High Court CWJC No.20459 of 2012 (2) dt.05-11-2012
2
19.7.2012 in CWJC No.12333 of 2012 said to be one of several similar orders passed by this Court in pursuance of the Supreme Court’s aforesaid orders. It is further clarified that the list appearing at Annexure-3 is merely a compilation of all the candidates who had applied, and is not the list approved by the Hon’ble Supreme Court.
(Vikash Jain, J)
Chandran
3 issues framed by the court
Whether the petitioner's writ petition challenging her exclusion from the seniority list should be entertained given the Supreme Court orders prohibiting courts from entertaining objections to the app
Whether the High Court can consider the petitioner's objections regarding residential certificate submission as a ground for correction in the seniority list.
Whether the petitioner must fulfill eligibility criteria for future vacancies before considering objections related to her application.
Kamlawati Rai
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
