Patna High Court
Sanjay Ram vs The State Of Bihar on 10 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.710 of 2021
In
Civil Writ Jurisdiction Case No.6126 of 2013
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Sanjay Ram, Son of Jeeta Ram, Resident of Village- Ubhawa Sargunja, P.S.
Panapur, District- Saran (Chapra).
... ... Appellant/s
Versus
1. The State of Bihar.
2. The District Teachers Appellate Authority, Saran at Chapra.
3. Mukhiya, Gram Panchayat Raj Chakia, P.S. and Block Panapur, District-
Saran (Chapra).
4. Panchayat Secretary, Gram Panchayat Raj Chakia, P.S. and Block Panapur,
District- Saran (Chapra).
5. Radhey Shyam Paswan Son of Ambika Manjhi Resident of Village-
Serukahan, P.S.- Mashrakh, District- Siwan.
6. Kanhaiya Ram Son of Raghunath Ram Resident of Village- Khajuri, P.S.-
Panapur, District- Saran, Chapra.
7. Lalan Ram Son of Shivji Ram Resident of Village- Chakia, P.S. Panapur,
District- Saran at Chapra.
8. The Principal Secretary, Vigilance Deptt., Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Subodh Prasad, Advocate
Mr. Kapil Deo Singh, Advocate
For the State : Mr. Prabhat Kr. Verma (AAG-3)
Mr. Saroj Kr. Sharma, AC to AAG-3
Dr. Anand Kumar, AC to AAG-3
For the Resp. nos. 5 & 6 : Mr. Gyan Prakash, Advocate
For the Vigilance : Mr. Anil Singh, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 10-02-2025
Heard Mr. Subodh Prasad, the learned
Advocate for the appellant, Mr. P.K. Verma, the learned
Patna High Court L.P.A No.710 of 2021 dt.10-02-2025
AAG-3 for the State, Mr. Gyan Prakash, the learned
Advocate for respondent Nos. 5 and 6 and Mr. Anil Singh,
the learned Advocate for the Vigilance Department.
2. The appellant was an unsuccessful candidate
in the selection of Panchayat Teacher which was
concluded in the year 2006. Against such exclusion of the
appellant from being considered favourably and
appointed, he preferred an appeal before the District
Teachers Appellate Authority in 2011, after a lapse of
about five years. The District Teachers Appellate
Authority did not entertain the petition on the ground of
laches.
3. The appellant challenged the order of the
District Teachers Appellate Authority before this Court
vide C.W.J.C. No. 6126 of 2013, which too was dismissed
vide judgment dated 24.11.2021.
4. It appears from the records that the
selection process was concluded in 2006. The appointees
have been rendering their services for the last 18 to 19
Patna High Court L.P.A No.710 of 2021 dt.10-02-2025
years. There had been allegations in the past that the
entire process was vitiated by fraud and bungling, but
notwithstanding the lodging of the F.I.R. against some of
the functionaries of the Panchayat Niyojan Units, the
appointment of those teachers were never disturbed.
5. Entertaining any appeal by the District
Teachers Appellate Authority at that late stage would
have definitely upturned the apple cart and, therefore, we
do not find any fault with the decision of the District
Teachers Appellate Authority in non-suiting the appellant.
6. The learned Single Judge also agreed with
the view of the District Teachers Appellate Authority.
7. The law is well-settled that the Court has to
see whether the petitioner/appellant has been indolent or
lethargic or unconcerned about his own rights.
Entertaining any petition after a long lapse of time would
only bring in its train more inconsistencies and confusion
which would upset the entire process which was taken to
a logical conclusion.
Patna High Court L.P.A No.710 of 2021 dt.10-02-2025
8. We find force in the judgment of the learned
Single Judge in not interfering with the decision of the
District Teachers Appellate Authority, rejecting the case
of the appellant on grounds of limitation.
9. The appeal is dismissed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Anushka/Rajesh
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.02.2025
Transmission Date
