Disposed

Rafat Praween and Anr. v. The State Of Bihar and Ors.

Patna HC1 May 2014CWJC/3873/2013

Case brief

AI extract

What is this about?

This court disposed of three writ petitions challenging the termination of services for teachers appointed to Kasturba Gandhi Balika Vidyalayas without advertisement or selection process. The court held the appointments were void ab initio and upheld the terminations, directing petitioners to apply for fresh posts through gazetted advertisements.

What did the court decide?

The court directed the authorities to consider the petitioners' cases for fresh posts only if they apply pursuant to the new advertisement and meet eligibility criteria.

Rafat Praween and Anr. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3384 of 2013

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Usha Kumari Wife Of Sri Santosh Singh Part Time Teacher, Kgbv, Najra Chowki, Kodha, Katihar, Resident Of Barari Basti, Post Office - Guru Bazar, District - Katihar 2. Jyoti Kumari Daughter Of Nand Kishore Gupta Part Time Teacher, Kgbv, Kalyan Gaon, Balrampur, Katihar, Resident Of Deheria Nayatola, Post Office - Deheria Mills, District - Katihar 3. Nisha Yadav Daughter Of Sri Anil Yadav Part Time Teacher Kgbv Gopalpur, Amdabad, Katihar, Resident Of Village Gopalpur, Post Office - Amdabad, District - Katihar

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Kumari Soni Verma Daughter Of Sri Ram Shankar Mahto Part Time Teacher, Kgbv Kalyangaon, Balrampur, Katihar Resident Of Village - Patori, Post Office - Sakarpura, District - Samastipur

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Lucy Kumari Daughter Of Sri Guneshwar Rajak Full Time Teacher, Kgbv Kalyangaon, Balrampur, Katihar, Resident Of Village - Manangi, Post Office - Mansahi, District - Katihar 6. Renu Kumari Wife Of Sri Ramakant Mahto Part Time Teacher, Kgbv, Kalyangaon, Balrampur, Katihar, Resident Of Village - Patori, Post Office - Sakarpura, District - Samastipur 7. Ambika Kumari Wife Of Sri Sanjay Mandal Head Cook, Kgbv, Batheli, Katihar, Resident Of Village - Batheli, Post Office - Katihar, District - Katihar 8. Dulari Devi Wife Of Sri Uttam Prasad Mandal Assistant Cook, Kgbv, Batheli, Katihar, District - Katihar

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Bina Devi Wife Of Shambhu Prasad Mandal Assistant Cook, Kgbv Batheli, Katihar, Resident Of Village - Batheli Post Office - Katihar, District - Katihar

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.... .... Petitioner/s

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Versus

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1. The State Of Bihar Through The Director, Bihar Education Project, Patna

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The Director, Bihar Education Project, Patna

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The District Programme Officer-Cum-Chairman Block Employment Committee, Katihar

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The Block Education Extension Officer, Katihar

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The Headmaster-Cum-Secretary Kgbv Middle School Najra, Kodha, Katihar

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The Secretary, Kgbv Balrampur, Katihar

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The Headmaster-Cum-Secretary Kgbv Middle School Janta Gopalpur, Amdabad, Katihar

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The Headmaster-Cum-Secretary, Kgbv Batheli, Katihar

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.... .... Respondent/s

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with

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Civil Writ Jurisdiction Case No.3825 of 2013

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====================================================== 1. Tafhim @ Tahfim Fatma W/O Sri Ikramul Haq Full Time Teacher, Kgbn Nawabganj, Sameli, Katihar, Resident Of Chhatia, P.O.Bhoga Bhatgama, Distt-Purnea

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Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014

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Kanti Devi W/O Sri Shambhunath Jha Full Time Teacher, Kgbn Nawabganj, Sameli, Katihar, Resident Of Jha Tola Fasiya, P.O.Tingachhia, Distt-Katihar

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Rinkal Kumari Daughter Of Sri Bishwanath Choudhary Part Time Teacher, Kgbn Nawabganj, Sameli , Katihar, R/O Sultanganj Shyambag, P.O.Sultanganj, Distt-Bhagalpur

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Ranjeet Singh S/O Sri Sitaram Singh Accountant Kgbn, Nawabganj, Sameli, Katihar, R/O Satkodaria, P.S.Gangali, Distt-Purnea

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Samita Kumari Daughter Of Sri Ganesh Mishra Warden , Kgbn, Nawabganj, Sameli, Katihar, R/O Teja Tola, Mahipal Nagar, P.O.Katihar, Distt-Katihar

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Reena Kumari Daughter Of Sri Raghunandan Jha Full Time Teacher, Kgbn, Nawabganj, Sameli, Katihar, R/O Koshi Colony, Hridayganj, P.O.Katihar, Distt-Katihar

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Bulbul Devi Daughter Of Sri Sudama Paswan Head Clerk , Kgbn, Nawabganj, Sameli , Katihar, R/O Vill&P.O.-Mansahi, Distt-Katihar

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Shakuntala Kumari Daughter Of Sri Dhena Murmu Assistant Cook Kgbn, Nawabganj, Sameli, Katihar, R/O Vill-Banipur, P.O.Dilarpur, Distt-Katihar 9. Sunita Hansda Daughter Of Sri Raghunath Hansda Assistant Cook, Kgbn, Nawabganj, Sameli, Katihar, R/O Vill-Ambadiha, P.O.Mujwartal, Distt-Katihar

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through The Director, Bihar Education Project, Patna 2. The Director, Bihar Education Project, Patna

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The District Programme Officer-Cum-Chairman, Block Employment Committee, Katihar

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The Block Education Extension Officer, Sameli, Katihar

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The Secretary, Welfare, India, Katihar

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.... .... Respondent/s

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with

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Civil Writ Jurisdiction Case No.3873 of 2013

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Rafat Praween D/O Sri Nasim Ahmad Khan Full Time Teacher K.G.B.V. Balia Bellon, Kadwa, Katihar, R/O Mohalla- Hussainabad, New Masjid, P.S. Katihar, District- Katihar

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Rupam Kumari D/O Sri Laxmi Panjiyar Full Time Teacher, K.G.B.V. Balia Bellon, Kadwa, Katihar, R/O Village And P.O.- Amarpur, P.S. Amarpur, District- Banka

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Nilu Kumari D/O Sri Shivdeo Singh Full Time Teacher, K.G.B.V. Balia Bellon, Kadwa, Katihar, R/O Mohalla- Police Line, Near I.T.I. College, P.O. & P.S. Suhird Nagar, District- Begusarai

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Usha Kumari W/O Sri Ranjan Kumar Parttime Teacher, K.G.B.V. Balia Bellon, Kadwa, Katihar, R/O Village And P.O. & P.S. Fateha, DistrictBegusarai

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Seema Rani D/O Sri Hari Kishore Prasad Part Time Teacher, K.G.B.V. Balia Bellon Kadwa, Katihar, R/O Village- Babhangma, P.O. & P.S. Pohsara, District- Begusarai

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Nikya Devi D/O Sri Manikchand Mahto Asst. Cook, K.G.B.V. Middle

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Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014

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School Bellon, Kadwa, Katihar, R/O Village- Nima Col, P.O. & P.S. Dandkhora, District- Katihar

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Lucy Kumari D/O Sri Ramswarath Singh Full Time Teacher, K.G.B.V. Bastaul Pranpur, Katihar, R/O Village & P.O. & P.S. Balahpur, DistrictBegusarai

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Vibha Kumari W/O Manoj Kumar Singh Part Time Teacher, K.G.B.V. Bastaul Pranpur, Katihar R/O Village- Pansala, P.O. & P.S. Bhairwar, District- Begusarai

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Dulari Devi W/O Sri Rajendra Rajak Head Cook K.G.B.V. Bastaul Pranpur, Katihar, R/O Village And P.O. & P.S. Bastaul, District- Katihar 10. Ruby Priya D/O Sri Hiralal Full Time Teacher K.G.B.V. Hasanganj, Katihar, R/O Jagnathpuri, P.O. & P.S. Barmasia, Katihar

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Archana Singh W/O Sri Kumar Niraj Part Time Teacher, K.G.B.V. Hasanganj, Katihar, R/O Sipahi Tola, P.O. & P.S. Dolal House Chowk, District- Purnia

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Nirmal Paswan S/O Sri Nirdhan Paswan Nigh Guard, K.G.B.V. Kadwa, Katihar, R/O Village & P.O.- Musapur, P.S. Korha District- Katihar

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Director Bihar Education Project, Patna 2. The Director, Bihar Education Project, Patna 3. The District Programme Officer-Cum-Chairman Block Employment Committee, Katihar 4. The Block Education Extension Officer, Kadwa, Katihar 5. The Headmaster, Middle School Of K.G.B.V., Katihar, Hassanganj, Katihar 6. The Managing Director, Aprajita, Katihar .... .... Respondent/s ====================================================== Appearance : (In CWJC No.3384 of 2013) For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv For the Respondent/s : Mr. Ashok Kumar Keshri AAG-11 For Bihar Education Project Council: Mr. Girijesh Kumar, Adv (In CWJC No.3825 of 2013) For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv For the Respondent/s : Mr. Yogendra Pd. Sinha AAG15 For Bihar Education Project Council: Mr. Girijesh Kumar, Adv (In CWJC No.3873 of 2013) For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv For the Respondent/s : Mr. Prabhakar Tekriwal For Bihar Education Project Council: Mr. Girijesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA

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Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014

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ORAL ORDER

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2 01-05-2014 Heard learned counsel for the parties.
When this Court would find that in the
engagement of the petitioners in Kasturba Gandhi Girls
High School, the procedure envisaged for appointment
in accordance with requirement of Article-14 and 16 of
the Constitution of India was not followed, inasmuch as,
neither any Advertisement was issued nor any selection
process of all the candidates was undergone, this Court
will have no difficulty in holding that such appointment
of the petitioners had conferred no right to continue in
government service specially when the same was
actually made by the Non-Government Organization
(N.G.O.) which had been actually authorized by the
Government to run such institution.
As a matter of fact, such practice of appointment
through the back door was specifically prohibited by the
Director whereafter screening was made all over the
state of Bihar and the appointment made earlier by

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Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014

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N.G.O. in Kasturba Gandhi Girls High School also has been terminated.

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In that view of the matter, this Court is not inclined to interfere with the order of termination of the services of the petitioners as their appointment was void ab initio on account that its being in teeth of Article-14 and 16 of the Constitution of India.

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At this stage, learned counsel for the petitioners has submitted that fresh selection process has started wherein the posts in Kasturba Gandhi Girls High School which were being earlier held by the petitioners is sought to be filled up and therefore, this much of direction should be given to the authorities to consider the case of the petitioners with other eligible persons.

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There would be infact no difficulty for this Court in observing that if the petitioners also apply pursuant to the Advertisement and are found eligible in terms of the Advertisement their cases would also be considered with other eligible persons strictly in

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Patna High Court CWJC No.3384 of 2013 (2) dt.01-05-2014

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accordance with law and after following the mandate of Article 14 and 16 of the Constitution of India.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J) Ranjan/-

Rafat Praween and Anr. v. The State Of Bihar and Ors.

Case brief

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Rafat Praween and Anr. v. The State Of Bihar and Ors.

Case brief

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