The Patna High Court dismissed a writ petition challenging the refusal to appoint two petitioners as Block Teachers. The court held that no interference was warranted regarding an illegal and unfair selection process, and appointment would only be considered in a fresh exercise under prevalent rules.
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.3924 of 2015 =========================================================== 1. Maimun Nesa wife of Md. Idris Resident of Village- Inarwa, P.S. - Mainatand, District - West Champaran. 2. Nausad Ali Son of Abdul Gaffar, Resident of Village- Amodei, P.S,.Ramgarhwa, District-East Champaran. .... .... Petitioners Versus 1. The State of Bihar 2. The District Magistrate, East Champaran, Motihari. 3. The District Programme Officer, East Champaran, Motihari.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-03-2015
Impugned order is annexure-2. The District Programme Officer has refused to direct appointment on the post of Block Teachers. After going through the facts and circumstances, which has been dealt with and indicated in the order contained in Annexure-2, passed by the District Programme Officer, East Champaran, Motihari no Court can direct that such persons, who were selected on the post in such illegal and unfair selection process are required to be appointed on the post of Block Teacher.
The decision being what it is, no interference is warranted thereto. As and when the fresh exercise in terms of the
Patna High Court CWJC No.3924 of 2015 dt.23-03-2015
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prevalent rule is taken, petitioners, if, they fulfill their eligibility will surely be considered.
Writ is dismissed.
(Ajay Kumar Tripathi, J.)
Vats/U
1 issue framed by the court
Whether the High Court can direct appointment of persons selected in an illegal or unfair selection process to posts of Block Teachers.
1 provisions across 1 enactments
MAIMUN NESA
NAUSAD ALI
THE STATE OF BIHAR
THE DISTRICT MAGistrate, EAST CHAMPARAN, MOTIHARI
THE DISTRICT PROGRAMME OFFICER, EAST CHAMPARAN, MOTIHARI
THE BLOCK EDUCATION OFFICER, RAMGARHWA
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
