Patna High CourtC. REV./446/2013dismissed

Mahendra Yadav And ANR. v. The State Of Bihar And ORS

2016-09-21Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.446 of 2013 In Civil Writ Jurisdiction Case No. 17607 of 2012 ======================================================

1. Mahendra Yadav, S/o Sri Sia Gope, Resident of at Mohalla- New Paharpur, Police Colony, P.O.- Anisabad, Police Station- Gardanibagh, District Patna.

2. Sheo Nath Prasad Sahni, S/o Sri Ram Narayan Sahni, Resident of Mohalla- Malahi Pakri, P.O. Lohia Nagr, Police Station- Kankarbagh, Town and District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

3. The Director, Secondary Education, Government of Bihar, Patna.

4. The Regional Deputy Director of Education, Patna Division, Patna.

5. The District Education Officer, Patna.

6. The Principal, Saheed Rajendra Prasad Singh High School, Gardanibagh, Patna-2, District- Patna.

7. The Principal, Lal Bahadur Shastri Nagar, Boy's School, Shastri Nagar, Patna-23, District- Patna.

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

For the Petitioner/s : Mr. Deepak Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-09-2016 Heard the parties.

This application has been filed for review of the judgment and order passed in CWJC No.17607 of 2012 passed by a Bench presided over by Hon'ble Mr. Justice Mihir Kumar Jha (as His Lordship then was) whereby the writ petition was dismissed.

Mr. Deepak Kumar Sinha, learned counsel appearing for the petitioner has prayed for review of the order on grounds

Patna High Court C. REV. No.446 of 2013 (4) dt.21-09-2016 that an issue of discrimination raised by the petitioner has not been considered. Learned counsel in support of his submission has referred to a judgment of the Supreme Court reported in (2007)11 SCC 92 (U.P. State Electricity Board vs. Pooran Chandra Pandey).

The plea of the petitioner for regularization has been rejected by the Bench in consideration of the judgment of the Supreme Court and if the petitioner is of the view that the opinion expressed by the Bench is not in tune with the judgment rendered by the Apex Court in Pooran Chandra Pandey (supra), the remedy for the petitioner would be before a different forum and not in review jurisdiction. Neither any error apparent on the face of record has been advanced nor the review application is founded on any fresh material. This civil review application is dismissed accordingly.

(Jyoti Saran, J) SKPathak/- U