High Court Patna High Court - Orders

Vinay Kumar Vinay vs The State Of Bihar & Ors on 21 June, 2011

Patna High Court – Orders
Vinay Kumar Vinay vs The State Of Bihar & Ors on 21 June, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Civil Review No.124 of 2011
                                                     In
                                    Letters Patent Appeal No. 44 of 2011
                                                    With
                                 Interlocutory Application No. 2882 of 2011
                 ======================================================
                 Vinay Kumar Vinay
                                                                       .... .... Petitioner/s
                                                   Versus
                 The State of Bihar & Ors
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Ashok Kumar and
                                             Mr. Kaushal Kumar Singh, Advocates.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE JYOTI SARAN

                 ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

4 21-06-2011 This application for review of our judgment and
order dated 23rd February 2011 passed in L.P.A. No. 44 of 2011
has been taken out by the appellant-writ petitioner.

Learned Advocate Mr. Ashok Kumar has appeared
for the applicant. He has submitted that by the judgment under
review this Court has set aside the selection process for
appointment of Shiksha Mitra under the Gram Panchayat Raj
Mirjumla, Anchal – Bhagwanpur Hat, District – Siwan
commenced in the year 2005. As a necessary consequence any
appointment made pursuant to the said 2005 selection process
should be held to be bad and illegal. Though the claim made by
the applicant for appointment pursuant to the said 2005
selection has been rejected, this Court has not considered
setting aside the other appointments made pursuant to the said
2005 selection. The respondent no. 12 Nand Lal Prasad is the
Patna High Court C. REV. No.124 of 2011 (4) dt.21-06-2011

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one person, who has been appointed as Shiksha Mitra pursuant
to the said 2005 selection. This Court ought to have set aside
the said appointment also.

Issue notice to the respondent no. 12 for hearing of
limitation petition and for hearing and final disposal of the
review application to be made returnable on 2nd August 2011.

Notice will be served through Court process.
Requisites will be filed within one week from today.

( R.M. Doshit, CJ )

( Jyoti Saran, J )
Dilip