Patna High CourtL.P.A/1333/2015dismissed

Ranjeet Paswan v. The State Of Bihar And ORS

2017-01-12Mr. Justice Hemant Gupta,Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1333 of 2015 Arising out of Civil Writ Jurisdiction Case No. 20183 of 2013 =========================================================== Ranjeet Paswan, Son of Late Akaloo Paswan, Resident of Village - Parmanandpur, P.S. Vaishali, District - Vaishali .... .... Appellant/s

Versus

1. The State of Bihar through the Secretary Higher Middle Education Bihar, Patna

2. The D.M. Vaishali, Hajipur

3. The District Superintendent of Education, Vaishali ( Hajipur )

4. The District Education officer, Vaishali, Hajipur

5. The Head Master, Pariyojna Balika Uchcha Vidyalaya Vaishali, District - Vaishali ( Hajipur ) .... .... Respondent/s =========================================================== Appearance:

For the Appellant/s : Mr. Kaushal Kishor, Advocate. For the State : Mr. Kameshwar Prasad Gupta, GP-10. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 12-01-2017 Re.: I.A. No. 5815 of 2015 This application is for condonation of delay of 63 days in filing the Letters Patent Appeal.

For the reasons mentioned in the Interlocutory application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeal.

Consequently, Interlocutory Application is allowed and delay in filing the Letters Patent Appeal is condoned. Re.: L.P.A. No. 1333 of 2015

Patna High Court LPA No.1333 of 2015 dt.12-01-2017 2/2 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 20.10.2014 whereby, the writ application was dismissed as the appellant was appointed in a School by a private managing committee.

2. Learned counsel for the appellant argues that the school in question was taken over by the State Government. However, he could not refer any averment made in the writ application to that effect that the school in which he was appointed was taken over by the State Government. The appellant is appointed in a privately managed school and thus not entitled to any indulgence in the writ application.

3. In absence of the stand that the school in question was taken over by the State Government, we do not find any error in the order passed by the learned Single Bench. Accordingly, the present Letters Patent Appeal is dismissed.

(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Mishra/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 16.01.2017 Transmission Date