Patna High Court
Bina Kumari vs The State Of Bihar on 28 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2713 of 2021
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1. Bina Kumari W/o Arun Kumar Yadav (D/o Chhotelal Yadav) R/o Village-
Bhailahi Ward No. 05, P.O. Ratanpatti, P.S. Murliganj, District-Madhepura.
2. Suresh Kumar S/o Harinandan Prasad Yadav R/o Village-JairampurP.O. and
P.S. Murliganj, District-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Government of Bihar,
Patna.
2. The Principal Secretary Government of Bihar Patna.
3. The Secretary, General Administration, Govt. of Bihar, Patna.
4. The Director, Mass Education, Government of Bihar, Patna.
5. The District Education officer, Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashi Shekhar Tiwary
For the Respondent/s : Mr. Sheo Shankar Prasad, SC-8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 28-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. In the instant petition, petitioners have prayed for
following reliefs:-
"(i) The respondents may kindly
be directed to ensure selection/ absorption of
the petitioners i.e. Ex-non-formal Education
Instructors on priority basis who were having
advance age/experience/qualification etc. in
comparison to others in view of clause (ka) &
(kha) of the Govt. Memo No. 945 dated
Patna High Court CWJC No.2713 of 2021 dt.28-01-2022
27.4.2017 and other judicial pronouncements/
Executive Instructors.
ii) The respondents also may
kindly be directed to remove those candidates
who were having lesser age, qualification
and experience in like the petitioners who
were/are more deserving having prefrontal
right in comparison to the others the said
wrong or illegality should not be allowed top
perpetuate at the hands of model employer
certainly run by rule law.
(iii) The respondents further any
kindly be directed to ensure strict observance
of the reservation roster and other required
formalities while making selection in
question are making correction while
removing delegating the name of
undeserving/less deserving candidates) from
selection or select 1ist.
(iv) While extending the said
relief/the respondents also may kindly be 1ist
of the candidates so selected (bearing reason
for said selection/ non-election etc.) as
demand of fairness and reasonableness to
ensure substantial justice.
(v) Any other relief or reliefs also
may kindly be directed extended to the
petitioners for which the petitioners.
3. Petitioners are hereby directed to submit a
detailed representation along with judicial pronouncements, if
any, within a period of eight weeks from the date of receipt of
this order. If such representation is submitted, the concerned
Patna High Court CWJC No.2713 of 2021 dt.28-01-2022
respondent is hereby directed to examine the relief sought in the
present petition read with the representation to be submitted
within a period of six months from the date of receipt of
petitioners' representation.
5. With the above observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
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