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2016 Supreme(Pat) 1482

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Manish Kumar Upadhaya – Appellant
Versus
Bihar School Examination Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Awadhesh Kr. Mishra and Ajay Kumar
For the Respondent: Ajay and Ashish Kumar Lal

JUDGMENT :

Hemant Gupta, J.

1. Heard learned counsel for the parties. The challenge in the present Letters Patent Appeal is to an order dated 10.2.2014 passed by learned Single Judge whereby the claim of the appellant No. 1 for appointment on compassionate ground consequent to death of one Baijnath Upadhaya remained unsuccessful.

2. Sri Baijnath Upadhaya died in harness on 22.5.2003 leaving behind three minor daughters who are the appellant Nos. 2 to 4. The appellant No. 1 is the natural son of Shri Sugandh Upadhaya, the brother of late Baijnath Upadhaya.

3. As per the learned counsel for the appellants, the appellant No. 1 born on 2.11.1986. As per the appellant, he was adopted in the year 1993. Neither the date of birth nor the date of adoption or the manner of adoption is disclosed in the writ application. The appellant No. 1 relies upon an affidavit executed on 29.7.2006 by late Sona Devi, wife of late Baijnath Upadhaya to the effect that the appellant No. 1 is the adopted son of late Baijnath Upadhaya. The affidavit does not disclose the date of adoption, but it discloses the date of death of her husband as 22.5.2003. The executant of this affidavit died on 20.8.2006.

4. The appell











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