Remanded

Mishtu Kumari v. the State of Bihar and Ors.

Patna HC12 Feb 2013CWJC/10463/2011

Case brief

AI extract

What is this about?

The petitioner challenged the cancellation of her appointment as a Primary Teacher. The High Court remanded the matter to the Appellate Authority to pass a fresh order on appointment procedure without being influenced by its earlier decision.

What did the court decide?

Matter remanded to the Appellate Authority to pass a fresh order without being influenced by the earlier order.

Mishtu Kumari Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10463 of 2011

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====================================================== Mishtu Kumari W/O Sri Sanjay Kumar R/O Vill. Station , Road- Shiv, Nagar, P.S. Hilsa, Distt. Nalanda .... .... Petitioner Versus 1. The State Of Bihar 2. The Member Distt. Teacher Appointment Appellate Authority, Distt. Nalanda At Biharsharif 3. Distt. Magistrate Cum- Distt. Officer Nalanda At Bihar Sharif 4. The Distt. Superintendent Of Education Nalanda At Bihar Sharif 5. Block Development Officer Hilsa Distt. Nalanda 6. The Block Education Extension Officer Hilsa Distt. Nalanda 7. The Panchayat Secretary, Grampanchayat Raj Hilsa Distt. Nalanda 8. The Mukhiya Grampanchayat Raj Arpa Block Hilsa, Distt.- Nalanda 9. Abhaya Sinha W/O Sri Kameshwar Singh R/O Vill. Makanpur P.S Hilsa Distt. Nalanda .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Sinha- I For the Respondent/s : Mr. Tej Bahadur Singh, AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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3 12-02-2013 Heard learned counsel for the parties. The petitioner prays for quashing order dated 30.5.2011 passed by the Member, District Teachers Appointment Appellate Authority, Nalanda, whereby the appointment of the petitioner on the post of Primary Teacher in Primary school, Kurtha, block Hilsa has been cancelled.

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It appears from the impugned order of the Appellate authority that one Abhya Sinha challenged the appointment of the petitioner as a Primary teacher on the ground of having secured more marks than her. In the aforesaid case, apart from the petitioner, Pravela Kumari, Rubi Kumari and Sarita Devi were also opposite parties. The last three had also applied for appointments as Panchayat teacher in the said school. The

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Patna High Court CWJC No.10463 of 2011 (3) dt.12-02-201

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2/2

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Appellate authority came to a finding that Abhya Kumari had more marks and as such the appointment of the petitioner who had lesser marks is not sustainable and as such her appointment was cancelled. The appellate authority directed the Niyojan Samiti to take appropriate steps in the light of its order. The petitioner submits that Abhya Sinha who is respondent no.9 in the writ petition has been appointed as regular assistant teacher, as such her claim does not survive.

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Sri Tej Bahadur Singh, learned AAG 6 submits that if Abhya Sinha has left the job, the next in the merit list would have a better claim. He further states that appointment procedure has now undergone a change.

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As such, I remand the matter to the Appellate authority for passing a fresh order in respect of the matter in issue without being influenced by its earlier order.

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The writ petition is disposed of.

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Shashi.

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(Samarendra Pratap Singh, J)

Mishtu Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mishtu Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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