Patna High Court
Angad Kumar Arzoo vs The State Of Bihar on 7 May, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal no.1199 of 2023
In
Civil Writ Jurisdiction Case no.7070 of 2023
======================================================
Angad Kumar Arzoo S/o Jageshwar Paswan, R/o Village - Parora, P.S.- K.
Nagar, District - Purnea.
... ... Appellant/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Purnea, District - Purnea.
5. The District Programme Officer, Establishment (Education) Purnea, District-
Purnea.
6. The Secretary, Block Teacher Employment Unit-cum-Block Panchayat Raj
Officer, Amour, District- Purnea.
7. The Block Education Officer, Amour, Block- Amour, District- Patna.
8. Ritesh Kumar, S/o Late Ram Bihari Das, R/o Village - Aliganj Maheshpur,
P.S. - Mozahidpur, District Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mrityunjay Kumar, Advocate
For the Respondent/s : Mr. Sarvesh Kr. Singh, AAG 13
Mr. Abhinav Alok, AC to AAG13
Mr. Anjaneya Singh, AC to AAG13
For respondent no.8 : Mrs. Mahasweta Chatterjee, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 07-05-2025
Heard the learned counsel for the appellant and learned
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
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counsel for the respondents.
2. The instant appeal has been preferred by the appellant
against the judgment dated 14.9.2023 passed in CWJC no.
11609 of 2022 whereby the writ application filed by the
respondent no. 8 was allowed, the connected CWJC no. 7070 of
2023 was dismissed and it was directed that the respondent no. 8
will be reinstated in service with all consequential benefits.
3. The relevant facts in brief are that the respondent
authorities came out with an advertisement in the year 2006 for
appointment of Block teacher in Amour Block in the District of
Purnea wherein four posts were reserved for Scheduled Castes
(male) candidates. The appellant and respondent no.8 both
applied for the said post. The respondent no. 8 having obtained
53.33% marks at the intermediate level and the appellant having
secured 52.77% marks, after counseling, in the merit list
prepared, the name of the respondent no.8 figured at serial no. 5
while that of the appellant figured at serial no. 7. However, the
appellant was appointed as Block teacher.
4. It is the case of respondent no. 8 that he approached the
authorities including the District Magistrate, Purnea and
ultimately filed Appeal no. 300 of 2009 before the District
Authority, Purnea. The appeal having been allowed, the order
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
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was challenged by the appellant in this Court in CWJC no. 1590
of 2010 which was allowed by order dated 4.3.2013 on the
ground of the order having been passed by the Tribunal/ District
Authority without any notice to the appellant.
5. The appellant thereafter preferred Appeal no. 5 of 2013
before the District Authority which was allowed and he was
reinstated in service vide order contained in letter dated
6.6.2014.
6
. The respondent no.8 preferred CWJC no.12739 of
2014 before this Court which was disposed of giving liberty to
the respondent no.8 to file an appeal before the State Appellate
Authority.
7. The respondent no. 8 preferred Appeal no. 134 of 2018
before the State Appellate Authority which was allowed vide
order dated 2.11.2018 and the matter was remanded to the
District Authority to pass a fresh order in Appeal Case no. 300
of 2009. The respondent no. 8 had preferred another appeal
being Appeal no. 13 of 2018. After hearing both the parties, the
District Authority, Purnea was pleased to allow the appeal vide
order dated 23.9.2019. The District Authority held that
information should have been sent to the candidates as per the
merit list by registered post and not under certificate of posting
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
(UPC). Not having done the same, the Employment Unit had
not acted appropriately, thus ignoring the respondent no. 8 who
had obtained much better marks while the appellant having
lower marks, was appointed.
8. Against the order dated 23.9.2019 of the District
Authority, Purnea, the appellant moved the State Appellate
Authority vide Appeal no. 359 of 2019 which was allowed vide
order dated 28.4.2022. The respondent no.8 being aggrieved by
the said order, moved this Court in CWJC no. 11609 of 2022.
The same having been allowed, the impugned order was set
aside and the respondent no. 8 was reinstated in service.
9. Being aggrieved, the appellant has preferred the instant
appeal.
10. It was submitted by learned counsel for the appellant
that there was inordinate delay on part of the respondent no.8 in
moving the District Authority by filing Appeal no. 300 of 2009,
the same having been done after more than 2 years. The case of
the respondent no.8 was fit to be rejected on this ground alone.
It was further submitted that the relevant rules did not prescribe
any specific mode of sending of notice and thus sending of
notice by UPC by the respondents to all the candidates cannot
be faulted with. On account of the respondent no.8 not
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
appearing, for whatever reason, the appellant cannot be placed
at a disadvantage for no fault of his. It was submitted that the
learned Single Judge failed to appreciate the facts of the case in
the right perspective and erred in allowing the writ application.
The order be set aside and the instant appeal be allowed.
11. Learned counsel appearing for the respondent no.8
submitted that it is not in dispute that while the appellant had
secured 52.77% marks in his intermediate exams, the
respondent no. 8 had secured 53.33% marks and as such after
counseling the name of respondent no. 8 appeared at serial no.
5 while that of the appellant at serial no.7. With respect to the
filing of the appeal case, it is submitted by learning counsel that
the respondent no.8 had approached the BDO and then the
District Magistrate, Purnea. However, when no steps were
taken, he filed the case before the District Authority, Purnea. It
was submitted that there being no doubt that the respondent no.8
is the more meritorious candidate, the learned Single Judge
rightly allowed the writ application directing for his
reinstatement with all consequential benefits.
12. Having heard the learned counsel for the parties and
having perused the materials on record, the relevant facts in
brief are that pursuant to the advertisement taken out by the
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
respondents in the year 2006 for appointment of Block teachers
in Amour Block of District Purnea both the respondent no. 8 and
the appellant applied. The respondent no.8 having obtained
53.33% marks at intermediate level against the appellant's
52.77% marks, in the merit list prepared, the name of the
respondent no. 8 figured at serial 5 while that of the appellant
figured at serial no. 7. Though the name of the respondent no. 8
was placed higher in the merit list, nevertheless, the appellant
was appointed.
13. The respondent no. 8 approached the BDO, Purnea
and the District Magistrate, Purnea for redressal of his
grievances. Not having got any relief pursuant to the said
complaints, the respondent no. 8 moved before the respondent
authorities. After a series of cases at different levels, the District
Magistrate, Purnea vide its order dated 23.9.2019 held that
information to the candidates as per the merit list should have
been sent through registered post and not UPC and having sent
the same through UPC, the employment unit had not acted
appropriately. The District Authority allowed the case of
respondent no.8. However, the same was reversed by the State
Appellate Authority.
14. In the writ application preferred by the respondent
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
no.8, the learned Single Judge was of the opinion that the
employment unit had not acted properly in sending the
communication through UPC which had resulted in only the
appellant receiving the communication out of a total of 10
candidates.
15. So far as the contention of learned counsel for the
appellant with respect to the delay of the respondent no.8 in
moving before that District Authority is concerned, learned
Single Judge relied upon the judgment of this Court in Rajni
Bala versus the State of Bihar and others [2011 (4) PLJR
846] wherein it was held that so far as the question with regard
to lodging of the complaint within a reasonable time is
concerned, reasonable time has to be interpreted depending on
the facts of each case. Respondent no. 8 in the instant case had
protested before the BDO and then before the District
Magistrate, Purnea and the authorities not having taken notice of
the grievance of respondent no.8, he moved in appeal before the
District Authority.
16. Taking note of the aforesaid facts and especially the
fact that the respondent no.8 was more meritorious than the
appellant, the learned Single Judge allowed the writ application
filed by him, set aside the order dated 28.4.2022 passed in
Patna High Court L.P.A no.1199 of 2023 dt.07-05-2025
Appeal no.359 of 2019 and held that he would be entitled for all
consequential benefits to the extent that he was kept out of
service after passing of the order dated 23.9.2019 by the District
Authority, Purnea.
17. This Court finds no perversity in the judgment of the
learned Single Judge dated 14.9.2023 passed in CWJC no.
11609 of 2022 whereby he was also pleased to dismiss the
connected CWJC no. 7070 of 2023.
18. There being no merit in the instant appeal, the same is
dismissed.
( Partha Sarthy, J)
Ashutosh Kumar, ACJ : I agree.
(Ashutosh Kumar, ACJ)
Bibhash
AFR/NAFR NAFR
CAV DATE 27.2.2025
Uploading Date 7.5.2025
Transmission Date NA
