Sanjay Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6126 of 2013 ====================================================== Sanjay Ram Son Of Late Jeeta Ram Of Village- Ubhawa Saraunja, P.O. Rampur Rudra, P.S. Panapur, District- Saran, Chapra ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

District Teachers Appellate Authority, Saran, Chapra 3.

Mukhiya, Gram Panchayat Raj Chakia, P.O. Chakia, P.S. Panapur, DistrictSaran Chapra 4.

Panchayat Sachiv, Gram Panchayat Raj Chakia, P.O. Chakia, P.S. Panapur, District- Saran Chapra 5.

Radheyshyam Paswan Son Of Ambika Manjhi Of Village and P.O. Serukaha, P.S. Mashrakh, District- Saran 6.

Kanhaiya Ram Son Of Raghunath Ram Of Village- Khajuri, P.O. Chakiya, P.S. Panapur, District- Saran 7.

Lalan Ram Son Of Shivji Ram Of Village and P.O. Chakia, P.S. Panapur, District- Saran 8.

The Principal Secretary, Department of Vigilance, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kapil Deo Singh, Advocate For the Respondent/s :

Mr. Gyan Prakash, Advocate For Respondent No. 3 :

Mr. Jeetendra Narayan, Advocate :

Mr. Suresh Kumar, AC :

Mr. Anil Singh, Advocate For Private Respondent :

Mr. Binod Kr. Singh, Advocate :

Mr M.B.K. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In the instant petition, petitioner has prayed for following relief/reliefs:

"(i) This writ petition is being filed for quashing order dated 24.12.12 passed by Respondent No. 2 by which appeal

Patna High Court CWJC No.6126 of 2013 dt.24-11-2021 2/2 filed by petitioner has been erroneously rejected on ground of limitation as contained in annexure-1 to this petition. (ii) Appropriate writ may be issued commanding the respondents to consider the appointment of petitioner on the post of Panchayat Teacher.

(iii) Any other relief/reliefs to which the petitioner may be found entitlted from the facts and circumstances of the case." Pursuant to the advertisement issued in the year 2006 for the post of Panchayat Teacher, the petitioner was a candidate and he was not selected. He had filed an appeal in the year 2011 after lapse of five years. Appeal was rejected. Hence the present petition. The petitioner has not made out a case so as to interfere with the subject matter only on the sole ground that there is inordinate delay of five years in filing appeal. That apart petitioner had a cause of action in the year 2006. For selection and appointment to any of the post/recruitment affected person should approach within a reasonable period of time and it would be three months. In the present case there is a delay of five years. Accordingly, the petitioner has not made out a case.

Hence, writ petition stands dismissed.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.11.2021 Transmission Date NA