Patna High CourtL.P.A/875/2015disposed

Md. Shaukat Hussain v. The State Of Bihar And ORS

2017-12-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.875 of 2015 In Civil Writ Jurisdiction Case No. 23098 of 2011 ====================================================== Md. Shaukat Hussain, son of Late Ahmad Hussain, Resident of At+P.O.- Bela Adam, Police Station-Baligaon, District-Vaishali. .... .... Appellant

Versus

1. The State of Bihar, through the Prinicpal Secretary, Human Resources Department, Govt. of Bihar, New Secretariat, Patna.

2. Director (Primary Education), Government of Bihar, New Secretariat, Patna.

3. District Education Officer, Vaishali, Hazipur.

4. Block Education Extension Officer, Patepur, Vaishali.

5. Block Development Officer, Patepur, District-Vaishali.

6. Mukhiya, Gram Panchayat Raj, Gobindpur Bela, Block- Patepur (Vaishali).

7. Panchayat Secretary, Gram Panchayat Teacher Selection Samiti, GramPanchayat-Raj-Gobindpur Bela,Block- Patepur (Vaishali).

8. Md. Adil, son of Md. Wakil, Resident of Village + P.O. - Akbarpur Kowini, District-Vaishali, Now posted as a Urdu Teacher in Maosrijit Prathmik Vidyalaya (Urdu), Dakshini Tola, Bela Adam (Gram Panchayat Raj- Gobindpur Bela), Block-Patepur, District-Vaishali. .... .... Respondents ====================================================== Appearance :

For the Appellant : Mr. Deepak Kumar Sinha, Advocate For the State : Mr. Birju Prasad, G.P.-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-12-2017 Having heard learned counsel for the parties, we find that learned Writ Court has not committed any error in dismissing the writ petition filed by the petitioner as the appointment of respondent no.8 was not challenged in accordance with law before the proper authority nor any objection was raised to the select list

Patna High Court LPA No.875 of 2015 (11) dt.11-12-2017 2/2 before any authority.

Granting liberty to the petitioner to challenge the appointment before the appropriate statutory authority, if permissible under law, we dispose of the appeal. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) N.H./- U