Patna High Court
Rajkumari Devi vs The State Of Bihar on 11 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10229 of 2022
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Rajkumari Devi Wife of Ajit Pandit, Resident of Village - Zafrabad, P.O. and
P.S. - Desari, District - Vaishali.
... ... Petitioner
Versus
1. The State of Bihar through the Special Secretary-cum-Director in-Charge,
Adult Education, Bihar, Patna.
2. The Director, Adult Education, Bihar, Patna.
3. The Deputy Director, Adult Education, Bihar, Patna.
4. The District Education Officer, Munger.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Anil Kumar Sinha, Advocate
For the Respondent/s : Mr.Madhukar Mishra, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date : 11-05-2023
Heard learned counsel for the petitioner and learned
counsel representing the State.
2. The petitioner in the present case is seeking quashing
of a letter bearing no. 1133 dated 22.06.2022 issued by the Deputy
Director, Adult Education, Bihar, Patna whereby and whereunder
the claim of the petitioner for absorption/ appointment in any of
the government department has been rejected.
3. The case of the petitioner is that the name of the
petitioner was recommended by the District Level Committee for
absorption in the office of the District Education Officer, Munger.
It is stated that the petitioner did not appear for counselling,
Patna High Court CWJC No.10229 of 2022 dt.11-05-2023
therefore, after lapse of several years it would not be appropriate to
make another recommendation for absorption.
4. On perusal of the letter dated 07.01.2020 written by
the petitioner to the Director, Adult Education, Bihar, Patna,
available on the record, it appears that the petitioner has taken a
plea that she was under treatment during the period 11.06.2018 to
11.02.2019 and she was in bed rest. The claim is that for this
reason, she could not get any information about the counselling
scheduled in the office of the District Education Officer, Munger.
Later on, she came to know vide letter no. 29 dated 10.01.2019
that her recommendation had already been returned and another
candidate in her place has been recommended.
5. In the counter affidavit filed on behalf of the
respondents, it is stated that the petitioner is herself not sure
about her non-appearance before the authority as at one place she
has stated that she was not aware of the counselling and at another
place she states that due to ill health she could not appear before
the concerned authority, however, to substantiate her contention
that she was advised bed rest for 8 long months, she had not
produced any document.
Patna High Court CWJC No.10229 of 2022 dt.11-05-2023
6. A plea has been taken that the delay of over 3 ½ years
in approaching this Court has made her dis-entitled for the reliefs
prayed in this writ application.
7. Having heard learned counsel for the petitioner and
learned counsel for the State as also on perusal of the records, this
Court finds that the petitioner had come to know in the year 2019
itself that in her place somebody else has been recommended
because she had not reported for counselling. She has filed this
writ application after more than three years thereafter. The delay
and latches on the part of the petitioner is apparent on the face of
the record. At this stage, when another candidate has already been
appointed, this Court would not entertain this writ application.
8. It is dismissed accordingly.
(Rajeev Ranjan Prasad, J)
avin/-
AFR/NAFR
CAV DATE
Uploading Date 13.05.2023
Transmission Date
