Patna High CourtCWJC/4105/2013dismissed

Mumtaz Mustafa And ORS v. The State Of Bihar And ORS

2016-01-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4105 of 2013 ======================================================

1. Mumtaz Mustafa Daughter Of Md. Mustafa R/O Mohalla-Sherpur, Biharsharif, P.S.Laheri, Distt-Nalanda

2. Kumari Rinku Sinha W/O Sri Akhilesh Kumar R/O Vill-Jagdispur, Tiyari, P.S.Noorsarai, Distt-Nalanda

3. Kumari Sneh Lata Sinha W/O Sri Rajesh Kumar R/O Vill-Bara K Hurd Bigha, P.S.Noor Sarai, Distt-Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

2. Principal Secretary, Human Resources Department , Govt. Of Bihar, Patna

3. Director, Primary Education, Bihar, Patna

4. District Magistrate, Nalanda

5. District Education Officer, Nalanda At Biharsharif

6. District Programme Officer, Nalanda At Biharsharif

7. Block Education Extension Officer, Noorsarai, Distt-Nalanda

8. Block Development Officer, Noor Sarai, Distt-Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-01-2016 On 8.1.2016 when the case was called out no one was present on behalf of the petitioner. However, learned counsel for the State was present.

Today no one appears on behalf of the petitioner and the respondent-State..

This Court has no way out but to dispose of the case on its own merit.

From the record it appears that vide order dated 31.1.2014 the petitioner was directed to file supplementary

Patna High Court CWJC No.4105 of 2013 (5) dt.11-01-2016 affidavit annexing the merit list but no supplementary affidavit has been filed. This Court has also recorded that the order that has been passed by the Tribunal prima facie is absolutely perfunctory as it does not discuss in what manner persons have been placed below in the merit list as the Tribunal has passed the order by way of general direction. This Court is not satisfied for giving direction to the respondents to carry out the order passed by the Tribunal as it appears that petitioner has neither filed any supplementary affidavit nor is present for last two dates. Having no way out but to hold that in the present form of the order passed by the Tribunal this Court cannot be directed for its implementation. Accordingly this writ petition is dismissed.

(Shivaji Pandey, J) Vinay/- U