The State of Bihar and Others vs Balmiki Sharma and Another

Barin Ghosh and Ajay Kr. Tripathi, JJ.—The State Government has preferred this appeal principally on the ground that the learned Single Judge while taking note of the judgment of a Division Bench of this Court rendered in Kumud Kumari Srivastava and Others Vs. The State of Bihar and Others, proceeded to hold that the educational qualification for regularization of the services of erstwhile employees of taken over private schools has to be seen with reference to the date of examination of his case and not with reference to the date of his initial appointment. This observation as was made by the Division Bench in Kumud Kumari Srivastava vs. State of Bihar & Ors. (supra) has been modified by a judgment rendered by the Full Bench of this Court in the case of Project Uchchavidyalaya Siksha, Etc. Etc. Vs. State and Others Etc. Etc. . Although the matter thereupon transferred upto the Hon''ble Supreme Court but the Hon''ble Supreme Court did not say a word contrary to such finding of the Full Bench and accordingly that portion of the judgment and order under appeal is quashed.

The letters patent appeal is accordingly disposed of.