Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.218 of 2019 In Letters Patent Appeal No.641 of 2018 ====================================================== Rita Kumari Wife of Vivekanand Mishra Resident of Village - Phulwaria, P.S.- Phulwaria, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Special Director (Secondary Education), Education Department, Bihar, Patna.

3.

The District Education Officer, Begusarai.

4.

The District Programme Officer, Begusarai.

5.

The Bihar Sanskrit Shiksha Board through its Secretary, Bihar Sanskrit Siksha Board, Patna.

6.

The Chairman, Bihar Sanskrit Siksha Board, Patna. 7.

Madan Mohan Mishra S/o Late Chandeshwar Mishra Resident of VillagePhulwaria, P.S.- Phulwaria, District- Begusarai. 8.

Managing Committee of Sarswati Bilash Sanskrit High School, Shokhara, District- Begusarai through its Secretary, Gauri Shankar Singh, PSPhulwariya, District- Begusarai (Ravindra Mishra, S/o Madhusudan Mishra, Resident of Village- Phulwaria, P.S.- Phulwaria, District- Begusarai, is not working in Capacity of Secretary of Aforesaid Managing Committee of the School).

9.

Ashok Kumar Choudhary S/o Late Devendra Choudhary Resident of Village- Parihara, P.S.- Bakhari, District- Begusarai. 10.

Sushant Kumar S/o Sri Gaurinath Mishra Bhashkar @ Sri Gaurinath Mishra Bhaskar R/o Mohalla- Shivpuri @ Sheopuri, PO- Begusarai, PS- Sadar (Nagar), District- Begusarai.

11.

Reena Kumari W/o Sudhir Kumar Choudhary R/o Naya Nagar, Dularpur, PS- Teghra, District- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Sinha, Advocate For the State :

Mr. Shashi Shekhar Tiwary, AC to AAG-13 For the BPSC :

Mr. Satyam Shivam Sunderam, Advocate For Respondent No.9 :

Mr. Amit Nagar, Advocate For Respondent No.10 :

Mr. Siyaram Sahi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

Patna High Court C. REV. No.218 of 2019(20) dt.08-02-2024 2/2 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-02-2024 The present civil review is filed for recalling the order dated passed in L.P.A. No.641 of 2018. 2.

Learned counsel for review petitioner submitted that L.P.A. Bench in paragraph no.20 has failed to take note of entire prayer in C.W.J.C. No.1997 of 2015. In the said writ petition, petitioners have challenged the order dated 26.11.2014 and it relates to order of approval of the service of the review petitioner, the same has not been taken note on the issue of res judicata, insofar as questioning the very approval order dated 26.11.2014 in C.W.J.C. No.6066 of 2015. On this point, review petitioner has made out a case, so as to recall the order dated 10.05.2019 passed in L.P.A. No.641 of 2018 arising out of C.W.J.C. No.6066 of 2015.

3.

Accordingly, L.P.A. No.614 of 2018 stands restored on the file.

4.

Registry is hereby directed to list the L.P.A. No.614 of 2018 before the concerned roaster Bench. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) S.Katyayan/- U