Patna High Court - Orders
Reeta Srivastava & Ors vs The State Of Bihar & Ors on 9 July, 2013
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.24 of 2013
In
Civil Writ Jurisdiction Case No. 13343 of 2011
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1. Reeta Srivastava, wife of Anil Kumar Srivastava, resident of village +
Post-Shikarpur, P.S.-Sonepur, District-Saran, presently posted as in
Lower Sub-ordinate Education Service at Government Basic School,
Bithauli, Vaishali.
2. Prem Lata Sinha, D/o Jagdish Singh, resident of village-Bindauli, P.O. +
P.S.-Masadhi, District-Patna, presently posted under Lower Sub-
ordinate Education Service at Government Basic School, Jafarpatti,
District-Vaishali.
3. Rambahadur Singh, son of Brahmdeo Singh, resident of village + P.O.-
Khksa, P.S.-Rajapakar, District-Vaishali, presently posted under Lower
Sub-ordinate Education Service at Government Basic School, Jafarpatti,
District-Vaishali.
4. Lagandeo Rai, son of Late Machu Rai, resident of village + Post-
Sardpur Rajauli, P.S.-Hajipur Sadar, District-Vaishali, presently posted
under Lower Sub-ordinate Education Service at Government Basic
School, Narainpur.
.... .... Petitioners-Appellants
Versus
1. The State of Bihar through Principal Secretary, Human Resource
Development Department, Government of Bihar, Patna.
2. The Director, Primary Education, Human Resource Development
Department, Government of Bihar, Patna.
3. The Regional Deputy Director of Education, Tirhut Division,
Muzaffarpur.
4. The District Education Officer, Vaishali.
.... .... Respondents-Respondents 1st set
5. Kishore Kumar, son of Late Keshari Narayan Mahto, resident of village
& Post-Kawadpur, P.S.-Suryagarha, District-Lakhisarai.
.......Invervener Respondents-Respondents
6. Nirmala Kumari, wife of Arun Kumar Chaudhary, resident of village +
2 Patna High Court LPA No.24 of 2013 (3) dt.09-07-2013
2/3
Post- Pinapur, P.S.-Jandaha, District-Vaishali, presently posted under
Lower Sub-ordinate Education Service at Government Basic School,
Loma.
7. Nirmal Das, son of Sri Krishna Das, resident of village-Panapur, Post-
Madhurpur, P.S.-Bidupur, District-Vaishali, presently posted under
Lower Sub-ordinate Education Service at Government Basic School,
Chechar, Vaishali.
8. Bipin Kumar Thakur, son of Kapil Deo Thakur, resident of village +
Post-Karnauli, P.S.-Mahnar, District-Vaishali, presently posted under
Lower Sub-ordinate Education Service at Government Basic School,
Loma, District-Vaishali.
9. Smt. Usha Prasad Bhakta, wife of Mahesh Bhakta, resident of village +
Post-Panapur Langa, Via-Rajapakar, P.S.-Hajipur, Sadar, District-
Vaishali, presently posted under Lower Sub-ordinate Education Service
at Government Basic School, Panapur, District-Vaishali.
10. Meera Singh, D/o Monakka Singh, resident of village-Dayalpur, P.O.-
Biddupur, P.S.-Rajapakar, District-Vaishali.
...............Petitioners-Respondents 2nd Set.
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Appearance :
For the Appellants : Mr. Ranjan Kumar Jha, Advocate
Mr. Chaudhary Prem Kumar Thakur, Advocate
For the Respondents : -----------
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 09-07-2013Feeling aggrieved by the common judgment and order dated 7th May, 2012 passed by the learned single Judge so far as C.W.J.C. No. 13343 of 2011 has been dismissed, the writ petitioners have preferred this Appeal under Clause 10 of the 3 Patna High Court LPA No.24 of 2013 (3) dt.09-07-2013 3/3 Letters Patent.
The Letters Patent Appeal No. 953 of 2012 arising from C.W.J.C. No. 16252 of 2011 against the impugned judgment has been dismissed by a Bench of this Court on 26th November 2012.
The matter at issue is whether the qualification of Sahitya Alankar acquired from the Hindi Vidyapeeth, Deoghar is a recognized qualification for promotion of the teachers in the secondary schools to Sub-ordinate Education Service. The issue has been dealt with by the Bench of this Court (to which one of us the Chief Justice was a party) in C.W.J.C. No. 13836 of 2012. It has been held that the said qualification is not recognized for promotion in Sub-ordinate Education Service.
In view of the above judgment, the judgment and order dated 7.5.2012 being in consonance with the judgment of the Division Bench, no interference is warranted.
For the aforesaid reasons, Appeal is dismissed in limine.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sanjeet/-