Smt. Vimla Pandey vs The State of Bihar and Others

On the matter being called no one has appeared to submit on the Latter Patent Appeal.

The issue which has been raised by the Petitioner in C.W.J.C. No. 6 of 1987. Smt. Vimla Pandey v. The State of Bihar and Ors. has been the subject matter of 7 litigations. The Petitioner filed C.W.J.C. No. 2426 of 1983 which had been disposed of. The Petitioner filed a contempt petition which was numbered as M.J.C. 621 of 1986. The High Court ruled that there was no wilful disobedience of the order of the Court. Thereafter, the Petitioner filed C.W.J.C. No. 8 of 1987. On the interim order dated 31 March, 1987 on that writ petition, the Petitioner filed a contempt petition, M.J.C. No. 386 of 1987. This contempt petition was withdrawn by an order recorded in the order dated 9 November, 1987. C.W.J.C. No. 8 of 1987 was dismissed. On this the Petitioner sought Civil Review No. 42 of 2000. This was also rejected. Simultaneously, the Petitioner also sought another writ petition, C.W.J.C. No. 10754 of 1997. The Court in the review order certified that this writ petition was nothing but a duplication, in effect, seeking review. This petition was also dismissed. Thereafter the Petitioner filed L.P.A. No. 19 of 2001. That is the matter which is before the Court.

Ultimately, a question arises what is the issue between the litigations which the Petitioner has filed repeatedly? The Petitioner had been rejected for a declaration as an Assistant teacher of a school known as Ram Chandra Prasad Gupta Girls'' High Schools, Hilsa, Nalanda. The reason why she had not been declared as an Assistant teacher was that she could not successfully demonstrate that she has the requisite qualification for appointment on the post of Assistant teacher.

In the order dated 16 October, 1986 the learned Judge has recorded (C.W.J.C. No. 8 of 1987) "the qualification, as has been claimed by the Petitioner, towards Arts and Crafts, is not a requisite qualification for appointment to the post of Assistant Teacher." Thus, the writ petition was dismissed as the Petitioner was not possessed of the qualification to hold the post itself. The question of her receiving a declaration as an Assistant Teacher did not arise. The petition had rightly been dismissed.

The Court has no reason to interfere with the order of the learned Judge, aforesaid, in the appeal.

Dismissed.