Petitioner sought writ of mandamus for absorption into Class-III post. Court dismissed petition held inadmissible due to lack of prior representation and vested legal right, citing Mani Subrat Jain.
Petition dismissed; liberty granted to file representation before competent authority within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6941 of 2021
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Sarita Kumari Wife of Ram Prakash Yadav Resident of Village - Near Middle School Anchra Ward No. 7 (Hanuman Nagar), P.O. - Anchra, P.S. - Forbesganj (Nawabganj), District- Araria
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Jha For the Respondent/s : Ms. Binita Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 09-02-2022
The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
following relief/reliefs:
“That the petitioner prays issuance of an appropriate writ preferably in the nature of mandamus commanding and directing the respondents concerned to absorb the petitioners on the post of Class – III under the Respondents State as the petitioners are Exinstructors of Adult and non-formal Education on several grounds including that the state Government has decided to absorb the Non-formal Education Supervisors on Class-III, post. Any/or other relief/s for
Patna High Court CWJC No.6941 of 2021 dt.09-02-2022 2/2
which the petitioners are found in the entitled in the facts and circumstances of the case.”
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR CAV DATE Uploading Date Transmission Date
1 issue framed by the court
Whether the present petition for writ of mandamus to absorb the petitioner into the service can be entertained without prior representations and legal basis.
Colour shows how this judgement treated each authority
Mani Subrat Jain V. State of HaryanaExplained¶23
(1977) 1 SCC 486 · Who else cites this
Sarita Kumari
State of Bihar Through the Commissioner-cum-Secretary, Department of Education, Govt. of Bihar, Patna
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
