Vinod Kumar Suman, v. Md. Faisal Ahmad
Case brief
What is this about?
The High Court modified the Single Judge's order setting aside the appellant's appointment. While acknowledging a breach of appointment rules where the Education Department issued the letter instead of the governing body, the court cautioned authorities to consider corrective measures allowing the appellant to be appointed afresh by the governing body.
What did the court decide?
Modified the Single Judge's order to direct authorities to consider corrective measures for the appellant's reinstatement or fresh re-appointment by the governing body.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.179 of 2022
In
Civil Writ Jurisdiction Case No.6581 of 2020
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Vinod Kumar Suman, Son of Ranjendra Prasad Singh, Presently Posted as Director Rural Institute of Higher Studies, P.O. R.I. Birauli, P.S. Pusha, District - Samastipur.
... ... Appellant/s
Versus
- Md. Faisal Ahmad, Son of Late Masroor Ahmad, Permanent Resident of Village -Bari Borna, P.O. Borna, P.S. - Khagria. Presently residing at Birauli College Campus, P.O. R.I. Birauli, P.S. Pusha, District - Samastipur.
- The State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar, Patna.
- The Joint Secretary, to the Government, Department of Education, Bihar, Patna.
- The Director, Higher Education, Department of Education, Government of Bihar, Patna.
Issues for consideration
3 issues framed by the court
Whether the learned Single Judge erred in entertaining a collateral issue regarding the breach of appointment rules in quo warranto proceedings.
Whether the appeal against the setting aside of the appellant's appointment due to a breach of appointment rules should be wholly dismissed or modified.
What corrective measures the governing body may take to restore the appellant considering the inadvertent nature of the breach.
Parties & counsel
- appellant
Vinod Kumar Suman
- respondent
Md. Faisal Ahmad
- respondent
State of Bihar
- respondent
Rural Institute of Higher Studies Birauli
Coram
Case details
As recorded by the court registry
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