Dismissed

Smt. Renu Devi v. The State Of Bihar and Ors.

Patna HC23 Jun 2015L.P.A/1486/2014

Case brief

AI extract

What is this about?

The Patna High Court in this Letters Patent Appeal rejected the appeal filed by the Chairman of a Selection Committee challenging appointment orders. The court held the appellant lacked locus standi as she cannot take sides in the selection process without a challenge to the list by a competent authority. The appeal was dismissed.

What did the court decide?

The appeal was dismissed and the interlocutory application was disposed of.

Smt. Renu Devi Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1486 of 2014 In

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C. REV. No.240 of 2014

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====================================================== Smt. Renu Devi, W/o Shri Pradeep Singh, Resident of Village + P.O. Fatehpur, P.S. Akbarpur, District Nawadah. .... .... Appellant/s Versus 1. The State of Bihar through Principal Secretary, Department of Education, Govt. of Bihar at Patna. 2. The Principal Secretary, Department of Education, Government of Bihar at Patna. 3. The Director, Department of Education, Govt. of Bihar, Patna. 4. The District Magistrate, Nawada.

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The District Teachers Appellate Tribunal, Nawada. 6. The Selection Committee of Panchayat Samiti, Akbarpur, represented through Block Extension Officer, Akbarpur Block, Akbarpur, Nawada. 7. The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti-Akbarpur, District Nawada. 8. The Block Education Officer, Block Akbarpur, District Nawada. 9. Uday Prasad Singh, S/o Rajender Prasad Singh, Resident of Village Gopalpur, P.S. Akbarpur, District Nawada. 10. Mahesh Prasad Singh S/o Munni Singh Resident of Village Narhat, P.S. Narhat, District Nawada. 11. Sunita Kumari D/o Sita Ram Resident of Village Mahavra, P.S. Govindpur, District Nawada. 12. Birendra Kumar Sinha S/o Gauri Shankar Prasad Resident of Village Khapura, P.S. Mamo, District Jehanabad. 13. Shabana Naaz D/o Md. Idan, Resident of Village Akbarpur, P.S. Akbarpur, District Nawada. 14. Aditya Narain Singh S/o Shiv Nandan Singh Resident of Village Sevaiya, Gopalpur, P.S. Akbarpur, District Nawada. 15. Ravinder Kumar S/o Kedar Nath Singh Resident of Village Gonawan, P.S. Muffassil, District Nawada. 16. Ravinder Prasad S/o Late Raghunandan Prasad Resident of Village Bhobhi, Sasrauda, P.S. Nagarnausa, District Nalanda. 17. Nawal Kishore Pandey S/o Mahender Kishore Pandey Resident of Village Narhat, P.S. Narhat, District Nawada. 18. Ratan Kumar S/o Arjun Chaudhary Resident of Village Barauli, P.S. Narhat, District Nawada. 19. Saroj Kumari D/o Balgovind Prasad Resident of Village Sunka, P.O. Aumraura, District Nawada. 20. Birju Prasad S/o Late Ishwar Mahto Resident of Village Dharampur, P.S. Chandi, District Nalanda. 21. Sunita Kumari D/o Ram Janam Singh Chauhan Resident of Village Maropur, P.S. Akbarpur, District Nawada. 22. Anuj Prasad S/o Rajender Prasad Resident of Village Hasepur, P.S. Osari, District Nalanda. 23. Kamar Jabin S/o Nazmul Hoda Resident of Village Akbarpur, P.S. Akbarpur, District Nawada

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Patna High Court LPA No.1486 of 2014 (2) dt.23-06-2015

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Shambhu Sharan S/o Arjun Singh Resident of Village Gopalpur, P.S.Akbarpur, District Nawada. 25. Uday Ram S/o Ramjit Ram, Resident of Village Sishar, P.S. Muffasil, District Gaya. 26. Ashish Imam S/o Md. Bali Ahmad Resident of Village Haiderganj, P.S. Silao, District Nalanda. 27. Anil Pandey S/o Kapildeo Pandey Resident of Village Handia, P.S. Nardiganj, District Nawada. 28. Prasidh Kumar S/o Ramdhani Singh Resident of Village Dhansura, P.S. Bathani, District Gaya. 29. Afsar Ali S/o Md. Siyakul Resident of Village Bari Dargah, P.S. Bundelkhand, District Nawada. 30. Moti Prasad S/o Lakhan Prasad Resident of Village Nardiganj, P.S. Nardiganj, District Nawada. 31. Ramji Prasad S/o Late Ganga Mahto Resident of Village Kena, P.S. Moffasil, District Nawada.

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Kumari Anamika D/o Ravinder Prasad Resident of Village Bhagwanpur, P.S. Chandi, District Nalanda. 33. Shailendra Kumar S/o Kedar Nath Singh Resident of Village Gonawan, P.S. Nawada, District Nawada. 34. Sunil Kumar S/o Badri Singh Resident of Village Malikpur, P.S. Akbarpur, District Nawada. 35. Jinnat Bano D/o Sabir Ahmad Resident of Village Mirja Toli, P.S. Bundelkhand, District Nawada. 36. Shyam Sunder Kumar Yadav S/o Mabir Prasad Yadav Resident of Village Pokhar, P.S. Akbarpur, District Nawada. 37. Pramila Kumari D/o Harinandan Prasad Resident of Village - Amawan, P.S. Rajauli, District Nawada. 38. Kushum Lata D/o Krishnakant Choudhary Resident of Village Mosma, P.S. Warsaliganj, District Nawada. 39. Jagdeo Prasad S/o Ramchandra Prasad Resident of Village Akaurh, P.S. Chandi, District Nalanda. 40. Shahbuddin S/o Abdul Rauf Warsi Resident of Village Akbarpur, P.S. Akbarpur, District Nawada. 41. Usha Kumari D/o Shivdhari Prasad Resident of Village Bahadurpur, P.S. Chandi, District Nalanda. 42. Sushila Kumari D/o Narain Prasad Singh Resident of Village Jalalpur, Gujanchak, P.S. Chandi, District Nalanda. 43. Arvind Kumar S/o Nawal Kishore Prasad Resident of Village Gopalpur, P.S. Akbarpur, District Nawada. 44. Manorama Kumari D/o Surender Kumar Resident of Village Pokhar, P.S. Akbarpur, District Nawada. 45. Arvind Kumar S/o Janki Ram Resident of Village Gangta, P.S. Warsaliganj, District Nawada. 46. Sharvan Kumar S/o Ram Narain Singh Resident of Village + P.O. Bahadurpur, District Nawada. 47. Kamaluddin S/o Abdul Rauf Warsi Resident of Village Akbarpur, P.S. Akbarpur, District Nawada. 48. Amrita Devi D/o Suresh Chauhan Resident of Village Motnaje, P.S. Moffasil, District Nawada. 49. Yogender Prasad Singh S/o Achutanand Singh Resident of Village Rame, P.S. Nardiganj, District Nawada.

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Patna High Court LPA No.1486 of 2014 (2) dt.23-06-2015

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Baby Kumari D/o Dasrath Chaudhary, Resident of Village Sanokhara,P.S. Akbarpur, District Nawada.

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Seema Kumari D/o Ramlagan Singh Resident of Village Baksanda, P.S. Akbarpur, District Nawada.

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Ajay Kumar Singh S/o Awadhesh Kumar Singh Resident of Village Sikhar, P.S. Moffasil, District Nawada. 53. Purosottam Kumar S/o Girijanandan Singh Resident of Village Gopalpur, P.S. Akbarpur, District Nawada.

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Rita Kumari D/o Jagdish Prasad Resident of Village Makdanbigha, P.S. Chandi, District Nalanda.

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Arun Kumar Verma S/o Shyam Sunder Prasad Singh Resident of Village Hirdaybigha, P.S. Harnaut, District Nalanda.

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Wakil Ahmed S/o Imamuddin Resident of Village Akbarpur, P.S. Akbarpur, District Nalanda.

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Puja Kumari D/o Jai Prakash Singh Resident of Village Koriauna, P.S. Silao, District Nalanda.

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Satish Kumar Resident of Village Bhadauni, P.S. Nawada, District Nawada.

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Pramod Kumar S/o Late Gita Singh Resident of Village Gopalpur, P.S. Akbarpur, District Nawada.

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Sanjay Kumar S/o Arvind Prasad Resident of Village Devbigha, P.S. Wena, District Nalanda.

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Farhat Naaz D/o Kamruddin Ansari Resident of Village Rasul Nagar, Gendapur, P.S. Nawada, District Nawada.

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Uday Prabhakar S/o Madan Mohan Pandey Resident of Village Angar, P.S. Ekangarsarai, District Nalanda.

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Sanjay Kumar S/o Ramautar Prasad Resident of Village Bishay Bigha, P.S. Ekangarsarai, District Nalanda.

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Rubi Kumari W/o Sita Ram, Resident of Village Mahabra, P.S. Govindpur, District Nawada

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Sindhu Rani W/o Ram Anugrah Singh, Resident of Village Orahanpur, P.S. Nawada, District Nawada.

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.... .... Respondent/s

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====================================================== Appearance : For the Appellant : Mr. Shri Prakash Srivastava, Advocate Mr. Anu Priyadarshni, Advocate For the S t a t e : Mr.Kinkar Kumar, S.C.-27 For the Respondents : Mr. Amresh Kumar Sinha, Advocate

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 23-06-2015 This appeal is preferred against the order dated 31.7.2014 passed by the learned single Judge in CWJC No.22260

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Patna High Court LPA No.1486 of 2014 (2) dt.23-06-2015

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of 2013. Before filing the appeal, the appellant filed Civil Review No.240 of 2014 and the same was rejected through order dated 15.9.2014.

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The facts, in brief, are that the appellant was elected as Pramukh, Panchayat Samiti, Akbarpur of District- Nawada in the year 2008. By virtue of her holding the office of the Chairman of the Selection Committee for appointment of Panchayat Teachers, she got issued a notification in the year 2008, to fill up 85 posts. Quite large number of applications were received and selection list was prepared. When further steps were not taken, respondents herein filed CWJC No.10752 of 2012 before this Court. The writ petition was disposed of leaving it open to the respondents to approach the appellate authority. In the appeal preferred by the respondents, the appellate authority passed an order dated 7.11.2012 directing that the appointing authority shall implement the selection list. Even when the same did not yield result, then the respondent filed CWJC No.22260 of 2013. In compliance of the order, the orders of appointment are said to have been issued.

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The appellant contends that several irregularities have taken place in the selection process and without taking the same into account, the appellant authority issued directions for implementation of the selection list. She filed review petition. The

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Patna High Court LPA No.1486 of 2014 (2) dt.23-06-2015

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learned single Judge refused to entertain the review petition. Hence, this appeal.

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Heard Mr. Sri Prakash Srivastava, learned counsel for the appellant, Shri Amresh Kumar Sinha, learned counsel for the respondents and Shri Kinkar Kumar, learned Standing Counsel No.27 for the State.

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The appellant does not have the locus standi to file the appeal. The reason is that she being the Chairman of the Selection Committee cannot take sides, particularly when selection list was not set aside by any competent authority. The Chairman of the Selection Committee must ensure that the list is enforced. At any rate, the participation of the appellant in the selection for appointment is ex officio and not in her individual capacity.

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The appeal is, accordingly, dismissed.

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The interlocutory application, if any, shall also stand disposed of. There shall be no order as to costs.

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(L. Narasimha Reddy,CJ)

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(Sudhir Singh, J)

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PNM

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Smt. Renu Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Smt. Renu Devi v. The State Of Bihar and Ors.

Case brief

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