The petitioner challenged his non-selecetion for a post alleging the respondent chosen was less qualified. Due to the petitioner's absence, the High Court directed him to file a fresh representation once the incumbent period ends.
Liberty granted to file a fresh representation after the incumbent's period of the post ends.
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.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10037 of 2013
=========================================================== Umesh Kumar S/o Shaligram Mandal, resident of village - Jogwani, P.O. Bhawanipur, P.S. Gamharia, Distt. - Madhepura at present posted as Assistant Teacher in Shyam Middle Schooll Jogwani, P.S. Gamharia, Distt. – Madhepura. .... .... Petitioner/s
Versus 1. The State of Bihar through the Principal Secretary, Department of Human Resources Govt. of Bihar, Patna
10.Ashok Kumar Mehta S/o Late Ghuran Mehta resident of village - Tok Sihpur, P.S. Gamharia, Distt. - Madhepura at present posted as Assistant Teacher in Deo Nr. Mandal Middle School Toka Gamharia, Distt. – Madhepura.
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : For the Respondent/s : Mr. Ravindra Nath Debey, AAG-12
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-07-2016
Yesterday no one was present on behalf of the petitioner.
Today also no one is present to press this application.
In the present case, the petitioner has challenged the letter dated 31st March 2013, vide Memo. No. 86 issued under the seal and signature of Principal, District Education and Training Institute, Madhepura whereby and whereunder respondent no. 10 is claimed by the petitioner is less qualified than the petitioner has been appointed on the post of Block
Patna High Court CWJC No.10037 of 2013 dt.22-07-2016
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Resources Centre Co-ordinator.
It has been stated in the petition that the petitioner was appointed as Block Resources Centre Co-ordinator in the year 2008 in the subject of Mathematics and Science, again applied for the same post on 12.03.2012, but Respondent no. 10 has been selected who is less qualified. The petitioner has claimed that he is M.Sc. physical trained and also one year service in training whereas Respondent no. 10 is B.Sc. trained.
The claim of the petitioner is, he is better candidate than Respondent no. 10.
It appears from the writ application that the petitioner has filed representation on 31.3.2013 and also has given legal notice on 12.04.2013 to the Principal, District Education and Training Institute, Madhepura has not been disposed of.
If the period of the post of Block Resources Centre Coordinator is not already over, the petitioner will have liberty, for convenience, to file a fresh representation bringing all facts before the competent Authority, who will examine the case of the petitioner and pass a reasoned order in accordance with law.
With the above observation/direction, this petition is
disposed of.
(Shivaji Pandey, J)
Mahesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| UploadingDate | 25.07.16 |
| Transmission Date |
1 issue framed by the court
Whether the petitioner, being more qualified than the selected respondent for the post of Block Resources Centre Co-ordinator, should be confirmed in the post.
Umesh Kumar, Assistant Teacher
Ashok Kumar Mehta, Assistant Teacher
The State of Bihar through the Principal Secretary, Department of Human Resources
The Director Primary Education, Govt. of Bihar
The Director, Research and Training, Govt. of Bihar
The Regional Deputy Education Director, Koshi Division
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
