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Patna High CourtMJC/3774/2014dfd for non appearance

Satya Narayan Mahaseth v. The State Of Bihar And ORS

2015-01-07Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3774 of 2014 In Civil Writ Jurisdiction Case No. 6533 of 2014 ====================================================== Satya Narayan Mahaseth s/o Kishori Mahaseth, R/o Muradpur, Dullah, P.O. Bhikanpur, P.S. Ahiyapur, District Muzaffarpur. .... .... Petitioner/s

Versus

1.The State of Bihar, 2.The Principal Secretary, Education Department, Bihar, Patna. 3.The Director, Primary Education, Bihar, Patna. 4.The Chairman, Staff Selection Commission, Bihar. 5.The Secretary, Staff Selection Commission, Bihar, Patna. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 29-06-2015 Heard learned counsel for the parties.

This application has been filed for modification in the name of the father of the petitioner as recorded in the order dated 21.04.2014 in C.W.J.C No. 6533 of 2014. Learned counsel for the petitioner having filed fresh vakalatnama showing the petitioner to be the son of 'Kishori Mahaseth' has submitted that it is purely a typographical error in the cage column of the writ application and also in the earlier vakalatnama enclosed with the writ petition that the name of the father of the petitioner has been wrongly recorded as 'Kishan Mahaseth' in place of 'Kishori Mahaseth'.

This Court has also perused the documents enclosed with the writ application particularly, the two certificates from which it appears that the name of the father of the

Patna High Court MJC No.3774 of 2014 (4) dt.29-06-2015 petitioner as recorded in the official records is 'Kishori Mahaseth'. Thus, this Court will have no difficulty in directing for modification of the order dated 21.04.2014 in C.W.J.C No. 6533 of 2014, as with regard to the name of father of the petitioner which shall be read as 'Kishori Mahaseth' in place of 'Kishan Mahaseth'.

It is however made clear that if the petitioner is ultimately appointed on the post of teacher, his identification with reference to name of his father and verification of the certificate shall be done independently at the time of acceptance of his joining and/or payment of salary without being influenced by anything said in this order confined to modification of the name of his father as recorded in the order of this Court in C.W.J.C. No. 6533 of 2014. That being so, the order dated 21.04.2014 in C.W.J.C No. 6533 of 2014 is modified to the extent indicated above only in respect of name of the father of the petitioner.

With the aforesaid observation this application for modification is disposed of.

Ranjan/- (Mihir Kumar Jha, J) U