Remanded

Manisha Kumari v. The State of Bihar

Patna HC8 Apr 2024CWJC/9733/2019

Case brief

AI extract

What is this about?

Writ petition challenged the State Appellate Authority's dismissal of a Panchayat Teacher selection appeal on grounds of delay and laches, despite a Co-ordinate Bench directing merits consideration without limitation impediment. The court set aside the appellate order and remitted the matter for fresh consideration on merits after hearing all necessary parties.

What did the court decide?

Order dated 18.01.2019 dismissing Appeal No. 696/2018 set aside; matter remitted to State Appellate Authority to consider on merits after hearing all parties.

Manisha Kumari Vs The State of Bihar — Education and Admissions | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9733 of 2019

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======================================================

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Manisha Kumari Wife of Jagdish Yadav Resident of Village and P.O. Manikpur, P.S. Phulkaha, District-Arariya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

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The Director Primary Education Government of Bihar, Patna.

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The Member of District Teachers Appellate Authority, Arariya.

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The District Magistrate, Arariya.

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The District Education Officer, Arariya.

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The District Programme Officer (Establishment), Arariya.

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The Block Development Officer, Narpatganj, District Arariya.

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The Block Education Officer, Narpatganj, District Arariya.

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The Panchayat Teachers Selection Committee, Gram Panchayat Raj Manikpur, Block Narpatganj, District Arariya.

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The Panchayat Secretary, Gram Panchayat Raj Manikpur, Block Narpatganj, District Arariya.

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Beauty Kumari Wife of Nirbhay Kumar Resident of Village and P.O. Manikpur, P.S. Phulkaha, District Arariya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Sinha, Adv. For the Respondent/s : Smt. Binita Singh (SC28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 08-04-2024 Heard the parties.

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The present writ petition has been filed for the

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following relief(s):-

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i) To quash the order dated 18.01.2019 passed in Appeal No. 926 of 2018 by the Hon’ble Chair Person (J) Mr. Justice Kishore Kumar Mandal, State Appellate Authority whereby and whereunder his lordship was pleased to dismiss the appeal on the ground of delay.

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Patna High Court CWJC No.9733 of 2019(5) dt.08-04-2024 2/3

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ii) To quash the order dated 09.07.2015 passed by the District Employment Appellate Authority Araria whereby and whereunder he has also dismissed the appeal filed by the petitioner on the ground of delay.

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iii) To direct the respondents to appoint the petitioner on the post of Panchayat Teacher after setting aside the selection of respondent no.11 taking into consideration that the petitioner has higher marks then that after.

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iv) To any other relief/ reliefs to which the petitioner has found entitled in the facts and circumstances of the case.

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Learned counsel for the petitioner submits that vide Annexure-7, a Co-ordinate Bench of this Court directed the State Appellate Authority, Patna to consider the case of the petitioner on merits without being impeded by the issue of limitation.

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Learned counsel for the petitioner further submits that Annexure-8 is an order of State Appellate Authority, Education Department, Bihar, Patna dated 18.01.2019 whereby the Appeal No. 696/2018 filed by the petitioner was dismissed on the basis of delay and laches.

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Considering all the facts and circumstances and the submission advanced on behalf of the petitioner, the order passed by the State Appellate Authority, Education Department, Bihar, Patna dated 18.01.2019 whereby the Appeal No. 696/2018 got dismissed, is hereby, set aside and the matter is

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Patna High Court CWJC No.9733 of 2019(5) dt.08-04-2024 3/3

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remitted back to the State Appellate Authority, Patna to consider the case of the petitioner on merits after hearing all the

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necessary parties.

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Accordingly, this petition stands disposed of.

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(Anjani Kumar Sharan, J)

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perwez

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Manisha Kumari v. The State of Bihar

Case brief

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Manisha Kumari v. The State of Bihar

Case brief

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