Patna High CourtC. REV./64/2019allowed

Dayanand Sarsawti v. The State Of Bihar And ORS

2022-07-27Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.64 of 2019 In Civil Writ Jurisdiction Case No.17120 of 2014 ====================================================== Dayanand Sarsawti S/o Moti Prasad resident of village - Saidpur, P.O. Sachaul, P.S. Hasua, District - Nawada ... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary,Human Resources Development Department,Govt. of Bihar,Patna 2.

The Principal Secretary H.R.D. Department,Govt. of Bihar,Vikas Bhawan,Patna 3.

The District Education Officer, Nawada 4.

The District Panchayat Secretary Cum Secretary Employment Unit,Oraina,Nawada 5.

The Mukhiya Gram Panchayat, Oraina,Hasua,Nawada 6.

The Head Master, Primary School Gardhawa,Oriana,Nawada 7.

The Block Education Officer, Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the State :

Mr. Prabhat Ranjan Singh, AC to AAG-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 27-07-2022

1. Heard the parties.

2. Learned counsel for the petitioner submits that the Court has dismissed the petition holding that the petitioner could not claim any reservation against the roster points 4208 which was marked for the E.B.C. category.

3. Learned counsel submits that the order passed is apparently erroneous on the face of the record as the prayer made by the petitioner was to allow him to join as the petitioner

Patna High Court C. REV. No.64 of 2019(5) dt.27-07-2022 2/2 had already been offered appointment letter. It is also submitted that the respondents had not filed their reply and the Court had no occasion to reach to the findings as mentioned.

4. I have considered the submission, from perusal of the writ petition it is apparent that the petitioner was offered appointment vide Annexure-4 dated 15th July, 2011 as untrained Teacher at Primary School, Gordhowa, Nawada, , but was not allowed to join. It appears that facts of some other case has crept in the order.

5. Keeping in view thereto, the order passed by the Court dated 25.09.2018 deserves to be recalled and this writ petition is accordingly allowed.

6. The writ petition is directed to be restored to its original number and place for admission before the Court. (Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 70 U