Dismissed
Pooja Kumari, v. The State of Bihar through the Principal Secretary
Patna HCCWJC/7516/2021
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from the order text
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COURT OF JUDICATURE AT PATNA Civil Writ…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7516 of 2021
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Pooja Kumari, Wife of Birendra Kumar Singh, resident of Village Bankara, Panchayat Patharabari, Ward No. 12, block Jokihat, Police Statiojn-Jokkihat, District Araria.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Nath Dubey For the Respondent/s : Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-02-2022
The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
adverse order is passed.
Patna High Court CWJC No.7516 of 2021 dt.17-02-2022 2/3
“That this writ application is being filed for issuance of writ/writs, order/orders, direction/directions for quashing the appointment letter in favour of the Respondent No. 7 dated 23.1.2021 issued under the signature of Respondent No. 6 in illegal manner because the name of the petitioner in final merit list is at serial no. 2 and the name of the Respondent No. 7 in the final merit list is at serial no. 4 but ignoring the merit of the petitioner, the Respondent No. 7 has been appointed illegally and further direct the Respondent Nos. 2 and 3 to examine the matter and direct the Respondent No. 4 to appoint the petitioner because the petitioner’s name is at serial no. 2 and Respondent No. 7’s name is at serial no. 4 in the final merit list and further direct the respondents to allow the petitioner to join on the post of Anganbari Sevika of Ward No. 12, Patharabari Panchayat, District Araria and further for any other relief or reliefs as the petitioner is found legally entitled to in the facts and circumstances of the case for the ends of justice.”
“20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation V/s.Dosu Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168}, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:-
“The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:
(a) Adjudication of writ petition involves any complex and disputed question of facts and whether they can be satisfactorily resolved;
(b) The petition reveals all material facts;
Patna High Court CWJC No.7516 of 2021 dt.17-02-2022 3/3
(c) The petitioner has any alternative or effective remedy for the resolution of the dispute;
(d) Person invoking the jurisdiction is guilty of unexplained delay and laches;
(e) Ex facie barred by any laws of limitation;
(f) Grant of relief is against public policy or barred by any valid law; and host of other factor s”
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR CAV DATE Uploading Date Transmission Date
Underline Emphasized
1 issue framed by the court
Whether the writ petition seeking quashing of an appointment letter is maintainable without exhausting statutory remedies of appeal.
Colour shows how this judgement treated each authority
State of Jammu and Kashmir V/s. R.K.Zalpuri and othersReferred¶22
State of Jammu and Kashmir V/s. R.K.Zalpuri and others reported in AIR 2016 SC 3006, Paragraph-20 · Who else cites this
City and Industrial Development Corporation V/s.Dosu Aardeshir Bhiwandiwala and othersReferred¶23
City and Industrial Development Corporation V/s.Dosu Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168} · Who else cites this
1 provisions across 1 enactments
Pooja Kumari
The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar
The District Magistrate, Araria
The District Programme Officer, Araria
The Child Development Project Officer, Jokkihat
The Block Development Officer, Jokkihat
P. B. BAJANTHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court