Division Bench dismissed the letters patent appeal and rejected the writ petition challenging the preliminary directions of the Single Judge. The Court held that conversion of a Panchayat to an urban area precludes appointments of Panchayat Teachers and creates no vested right to appointment.
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
Letters Patent Appeal No.328 of 2023 In
Civil Writ Jurisdiction Case No.421 of 2023
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Md. Faiyaz Chand, S/o Md. Iftekhar Ahmad, Resident of Village- Imansaray, P.S.- Patori, District- Samastipur.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Ms.Mahasweta Chatterjee, Advocate For the Respondent/s : Smt. Shilpa Singh, GA 12
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date: 24-07-2023
The appellant-petitioner is aggrieved with the judgment of the learned Single Judge, which directed the appellant to approach the District Appellate Authority/State Appellate Authority for redressal of his grievance.
Patna High Court L.P.A No.328 of 2023 dt.24-07-2023 2/5
learned Single Judge has no application to the appellant.
the decisions referred to in the impugned order, were challenged in appeal and they were remanded for fresh consideration before the learned Single Judge. He submits that a similar order could be passed. However, learned counsel appearing for the appellant strongly opposes the prayer; reiterating that the judgments referred to have no application to the appellant.
Patna High Court L.P.A No.328 of 2023 dt.24-07-2023
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produced as Annexure-2.
Patna High Court L.P.A No.328 of 2023 dt.24-07-2023 4/5
Panchayat despite five posts having been advertised within the Panchayat. It is in this context, the petitioner seeks conduct of counselling and appointment of selected persons.
Patna High Court L.P.A No.328 of 2023 dt.24-07-2023 5/5
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Sujit/-
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| Uploading Date | 27.07.2023 |
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3 issues framed by the court
Whether the appellant has a vested right to appointment despite the conversion of the Panchayat selected to apply to into an urban area.
Whether directions be issued for conduct of counselling in a Panchayat declared as an urban area where no counselling is contemplated.
Whether a similar order be passed to remand the matter to the Single Judge.
Md. Faiyaz Chand
The State of Bihar through the Principle Secretary, Education Department
The Director, Primary Education, Govt. of Bihar
The District Education Officer, Samastipur
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
