The High Court dismissed the Letters Patent Appeal filed against the Writ Court's refusal to quash the merit list for the post of Sweeper. The Court found no merit in the appeal and upheld the lower court's decision.
The Letters Patent Appeal was dismissed accordingly.
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.659 of 2018
IN
Civil Writ Jurisdiction Case No. 911 of 2015
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Tara Kant Sinha, Son of Sri Bhupendra Narain Sinha, resident of Mohalla- Nakki Nagar (Kayasth Tola), P.O. & P.S.- Jamalpur, District- Munger.
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Prashant Sinha For the Respondent/s : Mr. Piyush Lall
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 17-07-2018
Challenge in the present Letters Patent Appeal is to the order dated 19.04.2018 passed in Civil Writ Jurisdiction Case No.911 of 2015 by which the learned Writ Court has refused to quash the letter bearing no.1777/13 dated 13.05.2013 issued by the District & Sessions Judge, Nalanda, Biharsharif. It appears that vide impugned letter the District & Sessions Judge, Nalanda had communicated the merit list and waiting list for the post of Sweeper pursuant to the advertisement no.1/12 to the Hon’ble Patna High Court for its
Patna High Court LPA No.659 of 2018 dt.17-07-2018
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approval. The petitioner has also prayed for quashing of letter no.7003 dated 18.05.2013 issued by the Registrar (Administration), Patna High Court whereby the approval of the Hon’ble Patna High Court to the merit list and waiting list for the post of Sweeper has been communicated to the District & Sessions Judge, Nalanda.
Patna High Court LPA No.659 of 2018 dt.17-07-2018
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experience cannot put him in a better position than the respondent no.4 as no such certificate was required in the process of selection.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
Arvind/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 21.07.2018 |
| Transmission Date |
2 issues framed by the court
Whether the letters patent appeal filed challenging the refusal to quash the merit/waiting list and selection of respondents should be allowed.
Whether the appellant is entitled to appointment and empanelment in view of the writ court's findings regarding the selection process.
Tara Kant Sinha
The Registrar (Administration), Patna High Court, Patna
The District & Sessions Judge, Nalanda, Bihar Sharif
The Judge Incharge (Administration), Nalanda, Bihar Sharif
Babloo Kumar
Manju Devi
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
