Tabassum Perween v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1702 of 2013 IN Civil Writ Jurisdiction Case No. 2537 of 2010 =========================================================== Tabassum Perween, Daughter Of Jane Mohammad, Wife Of Sayeed Ansari Resident Of Village- Sikatia, P.O.- Khawaspur, Block- Lakari Nabiganj, P.S.- Basantpur, District- Siwan .... .... Appellant/s

Versus

1. The State Of Bihar Through Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

2. The District Magistrate, District- Siwan

3. The District Superintendent Of Education, Siwan

4. The Block Development Officer (Sri Dayashankar Singh), Block- Lakari Nabiganj, District- Siwan

5. The Pramukh, Block- Lakari Nabiganj, District- Siwan

6. The Member, District Teacher Employment Appellate Tribunal, Siwan

7. The Block Education Extension Officer, Block- Lakari Nabiganj, DistrictSiwan

8. Mosarrat Jahan, Daughter Of Md. Samiullah, Wife Of Jawed Alam Resident Of Chap Pachrukhi, District- Siwan, At Present Sharif Jalalpur, Via- Kishunpura, P.S.- Basantpur, District- Siwan .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Braj Bhushan Mishra, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 30-03-2017 Delay in filing of the appeal is condoned.

2. Seeking exception to an order dated 1.5.2013 in C.W.J.C. No.2537 of 2010, this appeal has been filed under Clause 10 of the Letters Patent.

3. Petitioner was a candidate who sought appointment

Patna High Court LPA No.1702 of 2013 dt.30-03-2017 2/3 on the post of Panchayat Teacher. When her candidature was not considered, she approached the statutory Tribunal and the Tribunal rejected claim on 6.11.2009. Challenging the order of the Tribunal, the writ petition was filed and, the learned Writ Court also having dismissed the writ petition, this Appeal.

4. Learned counsel for the appellant argued that in the second round of counseling, which was held, the notification and advertisement of the counseling was not undertaken in accordance to the requirement of the Circular issued by the State Government wherein a detailed procedure for notifying the counseling dates were laid down which includes publication of the notice etc. Refering to Annexure 8 dated 22nd of October, 2007, learned Counsel tried to indicate that procedure, as contemplated in this Circular, was not carried out. However, respondents have brought on record the publications made in the Daily Newspaper and other methods for notifying the second counseling and it is seen that in the second counseling, in spite of notification, the petitioner did not appear.

In fact the records indicate that in the first round of counseling that was held in the year 2006, petitioner participated, but she could not qualify as she did not come within the merit criteria.

Patna High Court LPA No.1702 of 2013 dt.30-03-2017 3/3 held in the year 2007. Notification for this was issued in the Daily News Papers, but as the petitioner did not appear, her candidature was not considered.

5. The learned Writ Court has taken note of all these aspects of the matter and finding that as the petitioner did not participate in the second round of counseling, now no indulgence can be made into the matter.

6. Finding the learned Writ Court to have considered various aspects of the matter in accordance to the requirement of law, we see no ground to interfere into the matter.

7. The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 6.4.2017 Transmission Date N/A