The court allowed the writ petition, directing the Appellate Committee to issue an appointment letter to the petitioner as her name was on the provisional merit list and she was not at fault for the file unavailability.
The Court disposed of the writ application, directing the Appointment Committee to issue the appointment letter.
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.5246 of 2011
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheel Bhadra Jha For the Respondent/s : Mr. Kundan Bhadur Singh Sc22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 13-02-2013 Heard learned counsel for the petitioner as well as learned counsel for the State.
Patna High Court CWJC No.5246 of 2011 (3) dt.13-02-2013
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The petitioner prays for quashing the order dated 29.1.2011 passed in Appeal Case No. 75-01/10 by the Member of District Teachers Selection Appellate Authority, Khagaria by which he has rejected the representation of the petitioner for selection on the post of untrained Sanskrit teacher in High School under Khagaria District. The name of the petitioner figures under the provisional merit list. However appointment letter was not issued to him on the ground that she did not appear on the date fixed for giving her consent.
The petitioner filed an appeal before the Appellate Authority, Khagaria on 16.3.2009. The appellate authority observed that the selection Committee has rightly not issued the appointment letter as she had not given her consent. Being aggrieved by the said order, the petitioner filed CWJC No. 15435 of 2009. The said writ application was disposed of with an observation that if the petitioner was otherwise entitled for appointment as a member of the said merit list, the Appellate Authority would extend the date for obtaining her consent and would also direct the Appointment Committee to issue appointment letter.
In view of order of this Court, the petitioner filed her representation before the Appellate Tribunal. The Appellate
Patna High Court CWJC No.5246 of 2011 (3) dt.13-02-2013
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Tribunal expressed its inability to extend the date of consent as the concerned file was not available in the office. It would appear from order dated 05.8.2009 of the Appellate Authority that the petitioner’s name figured in the provisional merit list. No other candidate had moved before the Appellate Tribunal raising a claim for appointment to the post of Sanskrit. The petitioner should not suffer if the respondents Nos. 7 to 9 are not able to maintain their files. The Appointment Committee, as such, shall issue appointment letter to the petitioner as there is no dispute that the name figured in the provisional list, after obtaining her consent.
With the aforesaid direction, this application is disposed of.
(Samarendra Pratap Singh, J)
Sudha/-
1 issue framed by the court
Whether to quash the rejection of appointment due to lack of consent when the name was on the provisional merit list.
1 provisions across 1 enactments
Sarita Kumari
State Of Bihar
Secretary/Commissioner, Human Resources Development Department, Bihar
Principal Secretary, Human Resources Development Department, Bihar
Director, Secondary Education, Bihar
Chairman, Zila Parisad, Khagaria
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
