Patna High CourtL.P.A/1161/2015dismissed

Bibha Kumari v. The State Of Bihar And ORS

2018-01-08The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1161 of 2015 In Civil Writ Jurisdiction Case No. 8539 of 2010 ======================================================

1. Bibha Kumari D/o Tej Narayan Singh Resident of village - Rasalpura, P.S. Doriganj, District - Saran .... .... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The Member, District Teacher Employment Appellate Authority, Saran at Chapra

5. The District Superintendent of Education, Saran at Chapra

6. The Block Development officer, Chapra Sadar, Distt. - Saran

7. The Block Education officer, Chapra Sadar, Distt. - Saran

8. The Mukhiya, Gram Panchayat Raj Bhairopur Nijamat, Block - Chapra Sadar, District - Saran

9. The Panchayat Secretary Gram Panchayat Raj Bhairopur Nijamat, Block - Chapra Sadar, Distt. - Saran

10. Priyanka Kumari Wife of Sunil Dubey Resident of village - Tarwar, P.S. Bheldi, Distt. - Saran, D/o Yograj Mishra, Village - Daftarpur, P.S. Chapra Muffasil, Distt. - Saran .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Kumar Mishra, Adv. For the Respondent/s : Mr. M/S Amrendra Kumar & Anant Kr. Bhaskar, ACs. To AAG XIII ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-01-2018 I.A. No. 4863 of 2015 Delay of 528 days in filing of the appeal is condoned, hence, the interlocutory application stands allowed. Appointment of the petitioner on the post, in question, has been interfered with by the learned writ Court only on the ground that the degree of Visharad from Hindi Sahitya

Patna High Court LPA No.1161 of 2015 (8) dt.08-01-2018 2/2 Sammellan, Prayag, Uttar Pradesh, obtained by the petitioner is not a valid degree for appoint for the post, in question. The finding of the learned writ Court is in accordance with law and, admittedly, as the petitioner did not possess the valid qualification from an appropriate recognized instituted on the date when the appointment, in question took place, the learned writ Court has not committed any error in interfering in the matter. The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) SA/- U