Patna High Court
Sanjay Ram vs The State Of Bihar And Ors on 24 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6126 of 2013
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Sanjay Ram Son Of Late Jeeta Ram Of Village- Ubhawa Saraunja, P.O.
Rampur Rudra, P.S. Panapur, District- Saran, Chapra
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. District Teachers Appellate Authority, Saran, Chapra
3. Mukhiya, Gram Panchayat Raj Chakia, P.O. Chakia, P.S. Panapur, District-
Saran Chapra
4. Panchayat Sachiv, Gram Panchayat Raj Chakia, P.O. Chakia, P.S. Panapur,
District- Saran Chapra
5. Radheyshyam Paswan Son Of Ambika Manjhi Of Village and P.O.
Serukaha, P.S. Mashrakh, District- Saran
6. Kanhaiya Ram Son Of Raghunath Ram Of Village- Khajuri, P.O. Chakiya,
P.S. Panapur, District- Saran
7. Lalan Ram Son Of Shivji Ram Of Village and P.O. Chakia, P.S. Panapur,
District- Saran
8. The Principal Secretary, Department of Vigilance, Government of Bihar,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kapil Deo Singh, Advocate
For the Respondent/s : Mr. Gyan Prakash, Advocate
For Respondent No. 3 : Mr. Jeetendra Narayan, Advocate
: Mr. Suresh Kumar, AC
: Mr. Anil Singh, Advocate
For Private Respondent : Mr. Binod Kr. Singh, Advocate
: Mr M.B.K. Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 24-11-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
In the instant petition, petitioner has prayed for following
relief/reliefs:
"(i) This writ petition is being filed for quashing order
dated 24.12.12 passed by Respondent No. 2 by which appeal
Patna High Court CWJC No.6126 of 2013 dt.24-11-2021
filed by petitioner has been erroneously rejected on ground of
limitation as contained in annexure-1 to this petition.
(ii) Appropriate writ may be issued commanding the
respondents to consider the appointment of petitioner on the
post of Panchayat Teacher.
(iii) Any other relief/reliefs to which the petitioner may be
found entitlted from the facts and circumstances of the case."
Pursuant to the advertisement issued in the year 2006 for the
post of Panchayat Teacher, the petitioner was a candidate and he was
not selected. He had filed an appeal in the year 2011 after lapse of
five years. Appeal was rejected. Hence the present petition.
The petitioner has not made out a case so as to interfere with
the subject matter only on the sole ground that there is inordinate
delay of five years in filing appeal. That apart petitioner had a cause
of action in the year 2006. For selection and appointment to any of
the post/recruitment affected person should approach within a
reasonable period of time and it would be three months. In the
present case there is a delay of five years. Accordingly, the petitioner
has not made out a case.
Hence, writ petition stands dismissed.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.11.2021
Transmission Date NA
