The High Court dismissed this Letters Patent Appeal against a Single Bench order quashing a writ petition challenging a teacher's appointment made 28 years prior. The court held the challenge was an abuse of process, lacked bona fides, and was mischievous.
The letters patent appeal was dismissed as it lacked merit.
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
Letters Patent Appeal No.80 of 2014 Arising out of
Civil Writ Jurisdiction Case No. 7947 of 2012
=========================================================== Sushil Kumar, Son of Late Fakirchand Yadav, Resident of Village Jalalgarh, P.S. Jalalgarh, District Purnia
.... .... Appellant Versus
.... .... Respondents
=========================================================== Appearance :
For the Appellant : Mr.
For the Respondents : Mr.
===========================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 06-04-2016
Heard learned counsel for the appellant and the respondents.
order dated 1st of May, 2012 passed by the learned Single Bench of this
Patna High Court LPA No.80 of 2014 dt.06-04-2016
2 /3
Court in C.W.J.C. No. 7947 of 2012, whereby the writ application filed against the appointment and working of Respondent No. 5 since 1982 in the Maithili Department was dismissed with costs of Rs. 10,000/-.
Patna High Court LPA No.80 of 2014 dt.06-04-2016
3 /3
mischievous.
Patent Appeal. The same is dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P. N.A.F.R.
U
3 issues framed by the court
Whether the High Court has jurisdiction to entertain a writ petition challenging an appointment made nearly 28 years ago.
Whether the present appeal is an abuse of the process of law.
Whether the writ application is bona fide or mala fide.
Sushil Kumar
The Vice Chancellor, B.N. Mandal University
The Registrar, B.N. Mandal University
The Principal, H.S. College
The Public Information Officer, B.N. Mandal University
Dr. Amol Roy
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
