The Patna High Court dismissed a writ petition challenging the rejection of the petitioner's claim for service recognition and regularization as a Headmistress, noting the petitioner's consistent lack of interest in legal proceedings.
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.16455 of 2012
=========================================================== Kanchan Bala Singh, W/O Sri Anil Sinigh, R/O Village Goh, P.S. Goh, District Aurangabad. .... .... Petitioner/s
Versus
.... .... Respondent/s
===========================================================
Appearance : For the Petitioner/s : For the Respondent/s : Mr. Gyan Prakash Ojha, G.A.-7 Mr. Ajit Kumar, AC to G.A-7
=========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 01-11-2018
On 30.10.2018 noticing the lack of interest of the writ
petitioner, the case was directed to be listed on 31.10.2018 under the heading “For Dismissal”. When the Court was in the midst of dictating order, counsel appearing on behalf of the petitioner appeared and prayed for pass over and the Court granted indulgence in the
matter.
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below to indicate the casual approach of the learned counsel appearing on behalf of the petitioner:
“This writ petition was filed on 5th September, 2012. It was listed on 25.5.2017 after 5 long years but unfortunately no one had appeared on behalf of the petitioner and the matter was adjourned. When the matter was listed on 7th September, 2018 adjournment was sought for two weeks on behalf of the petitioner. Again on 24.9.2018 two weeks time was prayed for on behalf of the petitioner. Thereafter on 10th October, 2018 the case was again adjourned at the instance of the petitioner. The Court has to appreciate the interest of the petitioner in filing writ petition and seeking adjournment after adjournment. However, on the last occasion when the case was called out, prayer was made for pass over. Today there is none to pray for even pass over.”
The petitioner has prayed for quashing of the order dated 23.06.2011 whereby the Director, Secondary Education has rejected the representation filed by the petitioner. The Director, Secondary Education held out that the claim of the petitioner for recognition of the service of the petitioner as Headmistress is unsustainable and refused to regularize the petitioner as Headmistress in Project Girls High School.
case reads as follows:
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The petitioner was appointed by the Managing Committee of the School as Headmistress on 28.12.1981. On 06.06.1987, the District Education Officer directed Ram Parikha Singh to take over charge as Headmaster of the High School, Dadar, who assume the charge of headmaster of the school in qeustion on 21.06.1987 and thereafter Smt. Chandrakanta Mehta was posted as Headmistress of the school, who took the charge of Headmistress on 11.11.1988. Smt. Chandrakanta Mehta was transferred on 31.01.2007 to Project Girls High School, Bodh Gaya. After transfer of Smt. Chandrakanta Mehta, Mohan Singh, Assistant Teacher took charge of Headmaster, who retired on 30.06.2008 and from 01.07.2008 the petitioner took over the charge of Headmistress.
Patna High Court CWJC No.16455 of 2012 dt.01-11-2018
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(Anil Kumar Upadhyay, J)
Uday/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 03.11.2018 Transmission Date
2 issues framed by the court
Whether the writ petition deserves to be allowed despite the lack of interest shown by the petitioner?
Whether the decision regarding the rejection of the petitioner's claim for regularization as Headmistress suffers from legal infirmity warranting interference?
Kanchan Bala Singh
The State of Bihar
The Principal Secretary, Education Department, Government of Bihar
The Director, Secondary Education, Government of Bihar
The Regional Deputy Director of Education, Magadh Division
The District Education Officer, Aurangabad
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
