Petitioner sought writ to quash selection stay due to a letter superseding an order. Court dismissed application noting prior ruling that petitioner's school is not recognized, making her qualifications invalid and the ground irrelevant.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21634 of 2019
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Suman Kumari, Wife of Sri Ranjeet Kumar @ Ranjit Kumar, Resident of Village- Zafra Panchayat Block- Belaganj, District- Gaya.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr.S.K.Mandal (SC-3) Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
4 07-11-2019
Heard learned counsel for the parties.
Patna High Court CWJC No.21634 of 2019(4) dt.07-11-2019 2/3
the basis of her educational qualification of having passed 10th examination conducted by ‘Jharkhand State Open School’. From the order of the District Programme Officer dated 17.07.2018, it transpires that on the basis of the information available on the website of Jharkhand State Open School, the petitioner’s qualification of having passed 10th examination had been held to be a recognised qualification.
“The petitioners claim that they hold the qualification of having passed the said examination on the basis of a certificate issued by Jharkhand State Open School, Ranchi. On the ground that Jharkhand State Open School, Ranchi, is not one of the Examination Boards recognized by the Council of Board of School Education in India (COBSE), the Child Development Project Officer has stayed their selection. It is the petitioners’ case that the name of Jharkhand State Open School, Ranchi, figures at Sl. No. 24 of the Examination Boards recognized by COBSE. The said statement of the petitioners cannot be accepted on perusal of the list of Boards of School Education, recognized by COBSE.
Patna High Court CWJC No.21634 of 2019(4) dt.07-11-2019 3/3
Name of Jharkhand Academic Council, Ranchi, though finds place at Sl. No. 24, Jharkhand State Open School, Ranchi, does not figure at all in the said list.” (emphasis supplied)
(Chakradhari Sharan Singh, J)
Rajesh/-
U
1 issue framed by the court
Whether a writ application seeking quashing of an order superseding a higher authority can be allowed when the petitioner lacks requisite qualification.
Colour shows how this judgement treated each authority
CWJC No. 18654 of 2019Referred¶22
Suman Kumari
The State of Bihar
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
