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2003 Supreme(Pat) 22

S.N.JHA, INDU PRABHA SINGH
Chhathi Mishra @ Sri Chhathu Mishra – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. By this review petition the petitioners seek review of our order dated 1.11.99 in LPA No. 24/84. By the said order the order of the learned Single Judge was set aside and the appeal preferred by the State of Bihar was allowed.

2. The petitioners herein had preferred the writ petition, CWJC No. 1645/83 seeking direction to approve their services as Assistant Teachers. The controversy emanated from the fact that the petitioners did not possess the requisite training qualification. Their contention on the point of absorption was rejected following decision of the Full Bench of this Court in the case of Ram Ballabh Pd. Singh V/s. State of Bihar, 1986 PLJR 373 in view of provisions of Section 4(2) of the Take Over Act. In the present petition it has been stated that the petitioners acquired the requisite qualification of training during the pendency of the letters patent appeal in 1986 but unfortunately this fact was not brought to the notice of the Court, as a matter of fact, it may be mentioned that the petitioners did not give any instruction to their lawyer which is evident from the judgment under review.

3. While allowing the writ petition the learned Single Judge had di




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