Patna High Court
Nand Kishore @ Nand Kishor Kumar vs The State Of Bihar on 5 August, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1678 of 2019
In
Civil Writ Jurisdiction Case No.23513 of 2019
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Nand Kishore @ Nand Kishor Kumar, Son of Sri Gyani Bhagat, Resident of
Village-Ganeshpur, Police Station- Belsund, District-Sitamarhi (Bihar).
... ... Appellant.
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The District Magistrate Cum Collector Cum District Officer, Sitamarhi.
4. The District Education Officer, Sitamarhi.
5. The District Programme Officer, Sitamarhi.
6. The Block Education Officer, Belsand, District-Sitamarhi.
7. The Mukhiya, Gram Pandchayat Dumra (Nunuara), PS-Belsand, District-
Sitamarhi.
8. The Panchayat Secretary of Gram Panchayat Dumra (Nunaura) Cum
Secretary, Panchayat Teacher Niyojan Unit, Dumra (Nunuara), PS and
Block-Belsand, District-Sitamarhi.
9. The District Teachers Employment Appellate Authority, Sitamarhi, District-
Sitamarhi.
10. Birendra Kumar, S/o Ramdeo Rai, R/o Village and PO-Pachnaur, PS and
Block-Belsand, District-Sitamarhi.
... ... Respondents.
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Appearance :
For the Appellant : Mr. Pramod Kumar Singh, Advocate.
For the State : Mr. AC to AAG-15.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-08-2024
Appellant has assailed the order of the learned Single
Judge dated 28.11.2019 passed in C.W.J.C. No.23513 of 2019.
2. Appellant Nand Kishore alias Nand Kishor Kumar
and 10th respondent Birendra Kumar were candidates for the
recruitment to the of Panchayat Teacher, which is stated to have
been notified in the year 2006. 10th respondent Birendra Kumar
Patna High Court L.P.A No.1678 of 2019 dt.05-08-2024
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was selected and appointed to the post of Panchayat Teacher.
Appellant Nand Kishore alias Nand Kishor Kumar for the first
time raised dispute to the extent that he has secured more marks
than the 10th respondent Birendra Kumar and it was pending
consideration before the District Magistrate in the year 2012.
The District Magistrate did not pass any order, resultantly,
appellant filed C.W.J.C. No.22840 of 2012 and it was disposed
of on 11.09.2017. The District Magistrate proceeded to pass
order on 27.11.2017 on the score of delay. Once again the
appellant filed C.W.J.C. No.710 of 2018 and it was decided on
16.02.2018
with an observation that the appellant has to invoke
appropriate remedy before the appellate authority. The appellate
authority has rejected the appellant's claim on 01.10.2019 vide
Annexure-11 to the writ petition and it was a subject matter of
C.W.J.C. No.23513 of 2019.
3. The learned Single Judge proceeded to dismiss the
appellant's grievance on the ground of delay of about 11 years
and no satisfactory explanation has been furnished by the
appellant.
4. In this backdrop, we have specifically asked the
learned counsel for the appellant how he will explain the delay
and latches from the year 2006 to 2012. He has no answer.
5. Having regard to these dates and events, merely,
approaching one authority or another authority belatedly and
Patna High Court L.P.A No.1678 of 2019 dt.05-08-2024
such authority entertaining grievance of the person would not
enure to the benefit of overcoming the delay and latches as held
by the Hon'ble Supreme Court in number of cases.
6. Recently, the Co-ordinate Bench of this Court in
Civil Review No.14 of 2022 (Anil Prasad Singh Versus The
State of Bihar and others) vide order dated 29.07.2024
examined the number of decisions. The same is taken note of to
the extent that there are latches on the part of the appellant
insofar as redressing his grievance in respect of selection and
appointment to the post of Panchayat Teacher. In fact, in
selection matters, candidate should be alert in approaching the
judicial forum at the earliest point of time.
7. Taking note of these facts and the circumstances,
there is no infirmity in the order of the learned Single Judge
dated 28.11.2019 passed in C.W.J.C. No.23513 of 2019.
8. Accordingly, the present L.P.A. No.1678 of 2019
stands dismissed.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2024.
Transmission Date NA
