Kumari Suman vs The Union Of India
2021 Latest Caselaw 4103 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5540 of 2021
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1. Kumari Suman, Female, Aged about 34 years, Wife of Santosh Ray @ Santosh Roy, Resident of Village and P.O.- Gauspur Ijra (Izra), P.S.- Hajipur Sadar, District- Vaishali.

2. Pooja Kumari, Female, Aged about 26 years, Wife of Pinku Sharma Resident of Village- Chaknoor, P.O.- Gadaisarai, P.S.- Hajipur Sadar, District- Vaishali.

3. Rinki Singh, Female, Aged about 28 years, Wife of Manish Kumar Resident of Village - Sita Chowk Bagauli, Brindawan Colony, Ward No. 6, P.S. and P.O.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s Versus

1. The Union of India, Ministry of Postal through the D.G. Cum- Secretary, Department of Posts, Dak Bhawan, New Delhi.

2. The Chief Post Master General Bihar Circle, Patna.

3. The Superintendent of Post Offices Vaishali Division, Vaishali.

4. Postal Inspector, Mahua, District- Vaishali.

5. Assistant Postal Superintendent Hajipur.

6. Postal Inspector Hajipur.

7. Postal Inspector Goraul Division, District- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Dr. Om Prakash Om, Adv. For the Respondent/s : Mr. Rajesh Kumar Verma, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN)

Date : 16-08-2021

Heard learned counsel for the petitioners and learned

counsel for the respondents through video conference. Learned

counsel for the petitioners has filed an undertaking that all the defects

pointed out by the stamp reporter shall be removed, and compliance

with the conditions of the notices of this Court with regard to

acceptance of e-filing shall be made, without delay immediately upon Patna High Court CWJC No.5540 of 2021 dt.16-08-2021

resumption of normal physical functioning of the Court, and in any

event within one month thereof.

2. The present writ petition has been filed "for quashing

the order dated 16th April, 2019 passed in O.A./627/2015 whereby,

and whereunder the Central Administrative Tribunal (in short

"CAT"), Patna Bench, Patna without considering the case of the

petitioners either on the facts or material available on records

dismissal the O.A. on the ground that the petitioner having passed

Matriculation examination from "Mahakaushal Board of Secondary

Education, Jabalpur (M.P.) which neither comes in the list of

member Boards of COBSE (Council of Boards of School Education)

in India nor in the list of recognized Board of the Ministry of H.R.D.

Hence the Petitioners do not fulfill required conditions as per the

notification for filling up vacancy for the post of BPM (Branch Post

Master) in Sub branches of the Post Offices in the District of

Vaishali; for a direction to the respondent concerned to repeat and

appoint the petitioners having higher marks to others on the

appropriate place"

3. Learned counsel for the petitioners submits that the

petitioners' claim for appointment on the post of Branch Post Master

(BPM) has wrongly been rejected by the concerned authority on the

ground that Mahakoshal Board of Secondary Education, Jabalpur,

M.P. was not found on the list of member Board of COBSE (Council Patna High Court CWJC No.5540 of 2021 dt.16-08-2021

of Boards of School Education in India) nor in the list of recognized

Boards of Ministry of HRD of India. It is however submitted that the

said institution is in fact a recognized institution. He invites reference

to Para-7 of the writ petition, in turn relying on the petitioners'

rejoinder filed before the learned Central Administrative Tribunal, in

which it was stated that the said Mahakoshal Board of Secondary

Education, Jabalpur, M.P. was recognized for employment under

Central/State/Union Territories/Admission for higher education in

Indian Board/Universities.

4. Learned counsel for the respondent-Union of India

appears and opposes the petition, stating that the institution in

question is not so recognized. It is stated that a specific stand in this

regard was taken before the learned Central Administrative Tribunal

in the written statement.

5. Having heard the parties and on a consideration of the

materials on record, this Court finds the writ petition to be devoid of

merit. Except a bald assertion being made in Para-7 of the petition to

the effect that the said institution is recognized, no document in its

support has been enclosed by the petitioners. The learned Tribunal

has observed in its order that "during the course of verification it was

found that the name of Mahakoshal Board of Secondary Education,

Jabalpur [M.P.] neither appear in the list of member Boards of

COBSI [Council of Boards of School Education in India] nor in the Patna High Court CWJC No.5540 of 2021 dt.16-08-2021

list of recognized Board of the Ministry of H.R.D. [Annexure [R/1]

and since all the applicants having matriculation certificates issued

by the Mahakoshal Board of Secondary Education, Jabalpur, their

candidature could not be considered for engagement for the post of

GDSBPM"

6. The Tribunal has therefore rightly concluded that "since

the Matriculation certificate produced by the applicants before the

authorities concerned was not found in the list of the recognized

Board of the Ministry of HRD, the respondents have rightly not

considered the candidature of the applicants."

7. This Court finds no infirmity in the order of the learned

Central Administrative Tribunal and is not inclined to interfere in the

matter. The writ petition stands dismissed.

8. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made by

the petitioners within the stipulated time provided in para 1 herein

above, failing which the matter shall be brought to the notice of this

Court.

(Vikash Jain, J)

( Anjani Kumar Sharan, J) rishi/-

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Uploading Date          21.08.2021
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