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2016 Supreme(Pat) 1

NAVANITI PRASAD SINGH, NILU AGRAWAL
Manohar Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Umesh Kumar Mishra, Adv.
For the State : Mr. Raju Giri, GP-30.
For the Respondent No.7: Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Rishi Raj, Adv.

JUDGMENT

(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)

Re.:-I. A. No 5040 of 2014

Interlocutory Application No.5040 of 2014 has been filed for condoning the delay in filing this appeal.

For the reasons stated in this interlocutory application, the delay in filing the appeal is condoned.

Accordingly, I.A. No.5040 of 2014 stands disposed of.

The appellant was respondent no.7 in the writ proceeding. He challenges the judgment and order dated 07.03.2014 passed in C.W.J.C. No.956 of 2013. The said writ petition was filed by the writ petitioner, who is respondent no.7 herein, challenging the order dated 21.09.2012 passed by the District Teacher’s Appointment Appellate Tribunal (hereinafter referred to as the Tribunal), which directed for terminating the service of the writ petitioner and appointing the respondent no.7/appellant instead, on the ground, that the appellant had higher merit than the writ petitioner.

As the private contesting respondent in this appeal, who was the writ petitioner, being respondent no.7 herein, has appeared, with consent of parties, we have taken up this matter and heard it for final disposal at this stage itself.

In the year 2006, the State Government form










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