Om Prakash Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3824 of 2017 ====================================================== Om Prakash Upadhyay, son of Sri Kritya Nand Upadhyay, Resident of Village- Bajani, P.S.- Jagdishpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mr. Adash Titermare, the District Magistrate, Bhagalpur.

3. Mr. Phulbabu Choudhary, the District Public Education Officer, Bhagalpur.

4. Mr. Binodanand Jha, the Director, Mass Education, Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Jain, Advocate For the S t a t e : A.C. to AAG-15 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and the learned counsel for the State.

After hearing the parties and on consideration of the show cause filed by the State of Bihar, this Court is of the opinion that the petitioner, Om Prakash Upadhyay, whose date of birth as submitted by him is 06.01.1956, had attained the age of superannuation on the date the order was passed by the Apex Court.

In view of such circumstances, the petitioner was not eligible for appointment and, therefore, even if the appointment letter was issued, the same was under mistake of fact. As such, this Court finds that there has been no wilful

Patna High Court MJC No.3824 of 2017 (9) dt.10-10-2018 2/2 disobedience of the order of this Court, even not permitting the petitioner to join.

The contempt application thus stands dismissed. (Anjana Mishra, J) PNM U