Patna High CourtL.P.A/610/2016dismissed

Nasima Praveen v. The State Of Bihar And ORS

2017-07-14The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.610 of 2016 Arising out of Civil Writ Jurisdiction Case No. 10106 of 2009 =========================================================== Nasima Praveen, daughter of Shri Abul Hasan, wife of Nasruddin resident of village - Machhagara, P.O. Chorauly, Police Station - Bhagwanpur Hat, District - Siwan.

.... .... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The District Magistrate, Siwan.

4. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Siwan.

5. The District Superintendent of Education, Siwan.

6. The Block Development Officer, Bhagwnpur Hat, District Siwan.

7. The Block Education Officer, Bhagwanpur Hat, District - Siwan.

8. The Gram Panchayat Raj Baraka Gaon, Anchal Bhagwanpur Hat, District Siwan, represented through its Mukhiya, Amar Lata Devi wife of Shri Vijay Kumar Mahto resident of village - Baraka Gaon, Sah Tola, P.O. Baraka Gaon, Police Station - Bhagwanpur Hat, District - Siwan.

9. The Panchayat Secretary of Gram Panchayat Raj Baraka Gaon, Anchal Bhagwanpur Hat, District Siwan.

10. Kumari Rita Pal wife of Shri Krishna Kumar resident of village - Nadua, Police Station - Bhagwanpur Hat, District - Siwan.

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

For the Appellant/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 14-07-2017 Delay of 34 days in filing of this appeal is condoned. I.A. No. 2732 of 2016 stands allowed and disposed of. A concurrent finding has been recorded on inquiry by

Patna High Court LPA No.610 of 2016 dt.14-07-2017 2/2 the District Magistrate, approved by the Teachers Appellate Tribunal and by the learned Single Judge to say that the application submitted by the applicant was not in the prescribed manner, it did not bear her signature and there is specific finding of fact that she did not appear in the counselling.

There being inquiry into the matter and the same being reconsidered by the learned Writ Court in detail, we find no reason to make any indulgence.

The Letters Patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 19.07.2017 Transmission Date