The Patna High Court, dismissing a Letters Patent Appeal filed against the State and BEC, granted an interlocutory application for condonation of delay. On merits, the court upheld the lower order dismissing the writ petition.
Interlocutory Application allowed; Letters Patent Appeal dismissed.
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. 802 of 2015
Arising out of Civil Writ Jurisdiction Case No. 18813 of 2013 Along with Interlocutory Application No. 3371 of 2015
.... .... Appellant/s Versus
Patna High Court LPA No.802 of 2015 dt.04-08-2016
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.... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Md. Anis Akhtar & Mr. Mahtab Alam, Advocate For the State : Mr. S. R. Rahman, A.C. to G.P. 24 For the BSSC : None =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 04-08-2016
Re.: Interlocutory Application No. 3371 of 2015
The application is for condonation of delay of 1 year and 46 days in filing of the appeal.
For the reasons mentioned in the application, we find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 1 year and 46 days in filing of the appeal is condoned.
Interlocutory Application stands allowed accordingly.
Re.: Letters Patent Appeal No. 802 of 2015
Patna High Court LPA No.802 of 2015 dt.04-08-2016
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Learned counsel for the appellants points out that the
writ application was decided in the light of the judgment passed in C.W.J.C. No.17899 of 2012 on 15th of January, 2014. On the same day, C.W.J.C. No.16969 of 2013 was also decided in the light of the judgment in C.W.J.C. No.17899 of 2012. Letters Patent Appeal No.1491 of 2014 arising out of C.W.J.C. No.16969 of 2013 stands decided by a Division Bench of this Court on 24th of March, 2015. The order passed by the learned Single Bench stands affirmed by the Letters Patent Appeal.
Therefore, for the reasons recorded in the order dated 24th March, 2015 passed in L.P.A. No.1491 of 2014, the present Letters Patent Appeal is also dismissed.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Anand Kr.
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2 issues framed by the court
Whether sufficient cause is disclosed for condonation of delay of 1 year and 46 days in the present Letters Patent Appeal.
Whether this Letters Patent Appeal deserves to be allowed given the earlier decision in L.P.A. No. 1491 of 2014.
Colour shows how this judgement treated each authority
C.W.J.C. No.17899 of 2012Referred¶46
C.W.J.C. No.17899 of 2012
C.W.J.C. No.16969 of 2013Referred¶46
C.W.J.C. No.16969 of 2013
L.P.A. No.1491 of 2014Followed¶47
L.P.A. No.1491 of 2014
Md. Mansoor Alam
Md. Muzaffar Hussain Ansari
The State of Bihar
The Commissioner-cum-Secretary, Department of Education, Government of Bihar
The Director, Primary Education, Government of Bihar
The Bihar Staff Selection Commission (BSSC)
HEMANT GUPTA
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
