CourtKutchehry.com
High CourtsDivision Bench(2020) 12 PAT CK 0030

Prem Nath Singh And Ors vs State Of Bihar And Ors

Patna High Court · Decided on 3 December 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal No. 792 Of 2014, Civil Writ Jurisdiction Case No. 5742 Of 2013

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

18 paragraphs · 322 words

Vide impugned judgment dated 14th of March, 2014, passed in C.W.J.C. No. 5742 of 2013, titled as Prem Nath Singh & Ors. Vs. The State of Bihar

and Ors. the learned Single Judge has held the appellants/writ-petitioners not eligible for appointment to the post of Teachers in the High/Higher

Secondary Schools governed by the Bihar Nagar Nikay Secondary and Higher Secondary Teachers (Employment and Service Conditions) Rules

2006.

Learned counsel for the appellants/writ-petitions states that post such decision, the issue now stands decided by Hon’ble the Apex Court vide

judgment dated 18th of January, 2019 passed in Special Leave to Appeal (C) No. 139 of 2015, titled as Ashesh Kumar and Etc. Vs. The State of

Bihar and Ors. Etc. He further states that appellants be granted liberty to approach the authorities, satisfying them of their having acquired eligibility in

terms of the ratio laid down by the Hon’ble Apex Court in the said case [Ashesh Kumar (supra)].

In effect, adjudication of the appeal is not sought. What is sought is liberty to the petitioner(s) in approaching the authorities for consideration on

relevant facts, as per law.

The State has no objection to the same.

As such, the present appeal is disposed of with the following directions:

(a) each one of the appellant (s) shall approach the authorities inviting their attention of their being eligible for appointment to the post of Teachers in

terms of Bihar Nagar Nikay Secondary and Higher Secondary Teachers (Employment and Service Conditions) Rules 2006.;

(b) this they shall positively do so within a period of two weeks from today;

(c) the authority shall consider the case of each one of the appellant(s)/writ petitioner(s) and take a decision on merits.

(d) liberty reserved to the appellant(s)/writ petitioner(s) to agitate the issue any further, if so required and desired, as per law.

The appeal stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.