Bibi Kausar Jahan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 859 of 2015 Arising out of Civil Writ Jurisdiction Case No. 18990 of 2013 Along with Interlocutory Application No. 3618 of 2015 ===========================================================

1. Bibi Kausar Jahan D/o Md. Hasibur Rahman Resident of Village- Iqra, P.OMajhwa, Police Station- Amour, District- Purnea.

2. Bibi Murshida Khatoon D/o Md. Istamuddin and W/o Md. Tajuddin Resident of Jamira, Police Station Jalalgarh, District- Purnea.

3. Sanjana Kumari D/o Upendra Poddar Resident of Village and Post Office- Bari Balia, Police Station- Balia, District- Begusarai.

4. Bibi Ishrat Jahan, D/o Md. Hafizur Rahamn Resident of Village V.I.P. Colony, Near Rizwan Masjid, Police Station- K. Hat, District- Purnea. .... .... Petitioner/s Appellant/s

Versus

1. The State of Bihar

2. The Commissioner-cum-Secretary Department of Education, Government of Bihar, Patna.

3. The Director Primary Education, Government of Bihar, Patna.

4. The Bihar Staff Selection Commission (BSSC) through its Secretary, Veterinary College, Patna -14.

.............Respondents..........Respondents 1st Set

5. Archana Chaudhary daughter of Sri Umesh Chandra Chaudhary and wife of Santosh Kumar Verma, resident of Village-Rajendra Park Dumaria, P.O.- Chandpur Via-Ayodhyaganj Bazar, P.S.-Kursela, District-Katihar.

6. Sangita Rani daughter of Sita Ram Mandal, resident of Village-Vishm Chak Chandpur, P.O.- Khaira, P.S.-Falka District-Katihar.

7. Bibi Anjum Perwin daughter of Md. Sadrul Alam resident of Village & P.O.- Bir Nagar, P.S.- Bhargama District- Araria.

8. Madhuri Kumari wife of Tara Chand Yadav and daughter of Bijay Prasad Yadav, resident of Village & P.O.- Parsmani, P.S.-Sarsi, District- Purnea.

9. Ganita Kumar daughter of Late Bhupendra Prasad Yadav and wife of Sri Parmanand Yadav, resident of Harmanga, P.O. & P.S.- Sarsi, District-Purnea.

10. Bibi Rukhsana wife of Md. Hasibur Rahman, resident of Village- Haria Bara, P.S.-Araria, District-Araria.

11. Bibi Musarrat Bano daughter of Md. Taiyab Hussain, resident of Village & P.O.-Chakai, P.S.-Joki Hat, District- Araria. .... ....Writ Petitioners Respondents 2nd Set =========================================================== Appearance :

For the Appellant/s :

Mr. Md. Anis Akhtar & Mr. Mahtab Alam, Advocates For the State :

Mr. Rajesh Kumar, A.C. to G.P. 3 For the B.S.S.C.

:

Mr. K. K. Upadhyay & Mr. C. B. Das, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and

Patna High Court LPA No.859 of 2015 dt.10-08-2016 2/3 HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 10-08-2016 Re.: Interlocutory Application No. 3618 of 2015 The application is for condonation of delay of 397 days in filing of the appeal.

For the reasons mentioned in the application, we find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 397 days in filing of the appeal is condoned.

Interlocutory Application stands disposed off accordingly.

Re.: Letters Patent Appeal No.859 of 2015 Learned counsel for the appellants points out that the writ application was decided in the light of the judgment passed in C.W.J.C. No.17899 of 2012 on 15th of January, 2014. On the same day, C.W.J.C. No.16969 of 2013 was also decided in the light of the judgment in C.W.J.C. No.17899 of 2012. Letters Patent Appeal No.1491 of 2014 arising out of C.W.J.C. No.16969 of 2013 stands decided by a Division Bench of this Court on 24th of March, 2015. The order passed by the learned Single Bench stands affirmed by the Letters Patent Appeal.

Therefore, for the reasons recorded in the order dated

Patna High Court LPA No.859 of 2015 dt.10-08-2016 3/3 24th March, 2015 passed in L.P.A. No.1491 of 2014, the present Letters Patent Appeal is also dismissed.

(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Anand Kr.

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