Naresh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.439 of 2017 In Civil Writ Jurisdiction Case No.20231 of 2014 ====================================================== Naresh Prasad, Son of Late Kali Sao, Resident of Mohalla Sonar Patti, P.S. Nawada Town, District Nawada.

... ... Appellant/s

Versus

1. The State of Bihar through the Secretary, Education Department, Govt. of Bihar, Patna.

2. The Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Secondary Education, Education Department, Government of Bihar, Patna.

4. The District Magistrate, Nawada.

5. The Additional District Magistrate, Nawada.

6. The Deputy Development Commissioner, Nawada.

7. The District Education Officer, Nawada.

8. The District Programme Officer, Nawada.

9. The Principal, Project Girls Inter School, Govindpur, District Nawada.

10. Anita Kumari, wife of Bharat Bhushan, resident of Village & P.O. Govindpur, P.S. Govindpur, District Nawada, at present working as Assistant Teacher, Project Girls Inter School, Govindpur, Nawada.

11. Smt. Sushila Devi, wife of Late Parmeshwar Singh, resident of Village & P.O. Govindpur, P.S. Govindpur, District Nawada, at present posted as Peon, Project Girls Inter School, Govindpur, Nawada.

12. Suraj Prasad Sao, son of Late Kishun Sao, resident of Village & P.O. Govindpur, P.S. Govindpur, District Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Naresh Prasad, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey-AAG 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-11-2017 Re.: Interlocutory Application No.1649 of 2017 Delay of 1 year 215 days in filing of the Letters Patent Appeal is condoned.

Interlocutory Application stands allowed and disposed of.

Patna High Court LPA No.439 of 2017 dt.27-11-2017 2/2 Re.: Letters Patent Appeal No.

Considering the fact that the appellant had challenged the socalled illegal appointment of the respondents directly before the Writ Court without invoking the statutory remedy available and the Writ Court after examining the issue did not find any ground to interfere into the matter after the appellant has become unsuccessful to seek appointment, we see no reason to make any indulgence into the matter. The appeal stands dismissed. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2017 Transmission Date