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Patna High CourtL.P.A/152/2018consigned

Ram Singar Singh v. The State Of Bihar And ORS

2019-04-23The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.152 of 2018 In Civil Writ Jurisdiction Case No.7652 of 2011 ====================================================== Ram Singar Singh Son of Mundrika Singh, Resident of Village/MohallaPachasa, P.S.- Rahui, Dist- Nalanda. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Nalanda.

4.

Aditya Kumar Lal, Son of Late Rudranand Lal Das, Resident of VillageSupaul, Kayasth Tola East, P.S.District- Supaul. 5.

Surendra Kumar Yadav, Son of Bindeshwar Prasad, Resident of VillageTikulipar, P.S.- Bihar Sharif, District- Nalanda. 6.

Rajesh Kumar, Son of Naresh Paswan, Resident of Village- Desana, PSAsthawan, District- Nalanda. 7.

Anil Kumar Singh, Son of Late Talewar Singh, Resident of MohallaBaradari, PS- Bihar Sharif, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dinu Kumar, Advocate For the Respondent/s :

Mr. Sanjay Kumar Ghosarvey, A.C. to A.A.G. 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-04-2019 Heard learned counsel for the appellant.

The appellant claims that he is still continuing as a daily wager. He filed a writ petition for regularization regularization and absorption on regular basis on the contention that when he had entered the establishment, the minimum qualification was only Class 8th pass. It is only in the year 2012, when the qualification was enhanced to class 10th pass,

Patna High Court L.P.A No.152 of 2018 dt.23-04-2019 2/2 whereafter the applicant's claim is not being considered and has also been declined by learned Single Judge.

From the impugned judgement, we find that observations have been made in relation to such of those engagees who had passed their class 10 examination. The appellant could also benefit himself by such observation in the event he succeeds in passing his class 10 examination. We hope and we sincerely wish that the appellant will make genuine efforts to clear his class 10 examinations as soon as possible and as soon as he produces such a certificate before the authority of having cleared such examination, it shall be open to the authorities to consider the claim of the appellants in the light of such qualification possessed by the appellant. The appeal is consigned to records with the said observations.

(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) K.C.Jha/Uma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.04.2019 Transmission Date N/A