Nusrat Prawin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12351 of 2014 =========================================================== Nusrat Prawin, Ex- wife of Md. Jibrail and daughter of Taiyab Ali resident of Makhnaha, Gram Panchayat Dharharachakla, P.S. Banmankhi, Distt- Purnia. .... .... Petitioner

Versus

1. The State of Bihar through the Commissioner, Purnia Division, Purnia.

2. The Regional Development Officer, Purnia.

3. The District Magistrate, Purnia.

4. The District Programme Officer, Purnia.

5. The Sub- Divisional Officer Banmakhi, Purnia.

6. The Child Development Project Officer, Banmankhi, Purnia.

7. Shamama Pravin, Wife of Md. Gulam Rabbani resident of Makhnaha, Gram Panchayat Dharhara Chakla, P.S- Banmankhi, Distt- Purnia. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar Singh, Advocate For the State : Mr. Rohitabh Das, AC to AAG 10 For respondent no.7 : Amit Kr.Anand, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner, the State and respondent no.7.

2. It is submitted by the petitioner's counsel that though final order dated 29.5.2014 has been passed in Misc. Appeal No. 179 of 2013, it is evident from subsequent Letter no. 12.9.2014, issued by the Deputy Superintendent, Sadar Hospital, Purnea, that the disability certificate on basis of which respondent no.7 has obtained appointment is incorrect and unreliable.

3. Learned counsel for the petitioner submits that he will file a comprehensive application to bring to the notice of the

Patna High Court CWJC No.12351 of 2014 dt.08-05-2018 competent authority regarding such illegality as alleged on the basis of the said letter dated 12.9.2014 which strikes at the root of the matter as petitioner's candidature as physically handicapped is unsustainable. Learned counsel for the respondent no.7 submits that respondent no.7 would also appear before respondent no.2. Both parties agree that they would appear before respondent no.2 on or before 20.6.2018.

4. In view of such subsequent development after disposal of Misc. Appeal No. 179/2013, this writ petition is being disposed of with a direction that the District Programme Officer, Purnea (respondent no 4) would be obliged to dispose of the matter in accordance with law preferably within three months thereafter, after hearing the parties concerned.

(Madhuresh Prasad, J) Shashi.

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