Patna High CourtCWJC/19635/2015disposed

Gayatri Devi v. The State Of Bihar And ORS

2017-01-27Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19635 of 2015 =========================================================== Gayatri Devi, wife of Amrendra Kumar, resident of Mohalla-Kurji, P.O.-Sadakat Ashram, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary Education Department, New Secretariat, Patna.

3. The Director Primary Middle School, Education Department, Patna.

4. The District Magistrate, Patna.

5. The District Education Officer, Patna.

6. The District Programme Officer, Patna.

7. The Head Master Middle School, Hirduni, East Jhugi Jhopari, Phulwarisharif, Patna.

8. Rameshwar Paswan, Son of Late Yogendra Paswan, resident of Village-Kurji, Magadh Colony, Behind Secret Ford School, Sipahi Jee Ki Gali, P.O.-Sadakat Ashram, District-Patna at present posted as an Assistant Teacher at Rajkiya School, Hirduni, West Jhugi Jhopari, Phulwarisarif, P.S.-Phulwarisharif, District-Patna.

.... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate. For the State : Mr. S. D. Yadav, AAG-IX. Mr. Prem Ranjan Kumar, AC to AAG-IX.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 27-01-2017 The challenge in the present writ application filed in public interest is to appointment of Respondent No.8. Learned counsel for the State states that there was a mistake in the result of Respondent No.8, which has been corrected. As per the corrected result, he has been appointed on the basis of his merit.

Patna High Court CWJC No.19635 of 2015 dt.27-01-2017 2/2 We find that writ application filed in public interest litigation is not maintainable in service matters, it is so held by the Division Bench of this Court in C.W.J.C. No. 21601 of 2014 (Samrendra Kumar Sudhansu v. The State of Bihar & Ors.) decided on 21st of November, 2016.

In view thereof, we do not find any merit in the present writ application. Accordingly, the same is dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.01.2017 Transmission Date Mishra/-