Civil Writ Jurisdiction case regarding an application to quash a memo directing a teacher's appointment. The court dismissed the petition for the petitioner's non-appearance/non-prosecution.
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 Civil Writ Jurisdiction Case No.18468 of 2015
======================================================
Suman Kumar, S/o Hari Shankar Prasad, Resident of Mohalla- Moleshri Chowk, Siwan, District- Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : None For the Respondent/s : Mr. S. Raza Ahmad, AAG-9 ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 06-03-2024
for the respondents is present.
the following relief(s):-
“1. (I) For issuance of a writ in the nature of a writ of certiorari for quashing the memo no.-728 dated 11.05.2015 where by the Block Development Officer cum Secretary, Block Teacher Niyojan Samiti Darauli, Siwan has directed one Poonam Devi to join upgraded Middle School, Mishmatiya, Darauli, Siwan from Middle School Belawl ignoring the prescribed guidelines contained in letter no.- 4637 dated 11.10.2014 of District Education Officer, Siwan wherein clause 3 and 4
Patna High Court CWJC No.18468 of 2015(3) dt.06-03-2024 2/2
lays down the criteria of absorption/appointment in clear terms but the same has been ignored deliberately and intentionally by the respondent authorities with the purpose to favor one Poonam Devi and certain other Teachers for some vested consideration in violation of the prescribed guidelines.
(II) For holding that any absorption/appointment in a different niyojan unit can be done only by following the prescribed guidelines specifically contained in clause 3 and 4 and not otherwise as such deviation and favoritism is against natural justice as well as generates wrong presidents and frustrate the rights of equal treatment in eye of Law and granted by the constitution of India.
(III) For any other relief/(s) applicable in the facts and circumstances of the case.”
4.3.2024 also.
(Partha Sarthy, J)
avinash/-
U
Suman Kumar
State of Bihar through the Principal Secretary, Human Resource Department
District Magistrate, Patna
District Education officer, Siwan
Block Development Officer cum Secretary Block Teacher Niyojan Samiti Darauli
Block Education Officer Darauli
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
