Patna High CourtL.P.A/918/2016disposed

Dimpal Kumari v. The State Of Bihar And ORS

2017-06-22The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.918 of 2016 IN Civil Writ Jurisdiction Case No. 14630 of 2013 ===========================================================

1. Dimpal Kumari Daughter of Mahesh Singh Resident of village + Post Nikhati Kala P.S. Raghunathpur, District - Siwan .... .... Appellant/s

Versus

1. The State of Bihar

2. The Secretary Personal and Administrative Reforms Govt. of Bihar, Patna

3. The Director Bihar Education Project Bihar

4. The District Magistrate, Siwan

5. The District Programme officer ( Establishment ), Siwan

6. The District Education officer, Siwan

7. The Block Education officer, Raghunatpur Block District Siwan

8. The Block Development officer, Raghunathpur, Siwan .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Vijay Kumar Mishra, Advocate For the Respondent/s : Mr. SC24- Sunil Kumar Mandal =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-06-2017 For appointment to the post of warden/full time teacher, the minimum qualification prescribed is that a candidate should be at least a Graduate and a candidate who has acquired the qualification of Sahitya Alankar, is not a graduate. After detailed discussion into the matter, the learned Writ Court has dismissed the writ petition by holding that the petitioner does not possess the minimum qualification.

In our considered view, the reasons given by the

Patna High Court LPA No.918 of 2016 dt.22-06-2017 2/2 learned Writ Court and evaluation of the legal question having been done in accordance with law, no case for interference by us is made out. A candidate seeking appointment to a government post or in government service must fulfil the minimum qualification prescribed for a particular post and when in the present case the petitioner has been found not to be possessing the minimum qualification, the learned Writ Court has not committed any error. Finding no error in the order of the learned Writ Court warranting re-consideration, the appeal stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.6.2017 Transmission Date N/A