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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chakradhari Sharan Singh, J.
Dhirendra Kumar Mishra & Ors. - Appellant
Versus
The State Of Bihar & Ors. - Respondent
Civil Writ Jurisdiction Case No. 3784 of 2020
Decided On : 28-06-2021
Service Law – Appointment – Inclusion in a panel does not give any right to a person to be appointed or engaged unless it is demonstrated that persons with lower merit have been engaged ignoring claim of persons of higher merit without any valid reason – There is no specific averment in writ application that any person of lower merit has been engaged on the basis of panel in question ignoring case of petitioners – Bihar Prashashanik Sudhar Mission Society has decided to appoint Executive Assistants/ Data Operators as per requirements and demands of Department – Writ application dismissed. (Paras 8, 11 to 13)
JUDGMENT
1. Heard Mr. Shashi Shekhar Tiwary, learned counsel for the petitioners and Mr. Manish Kumar, learned GA-4 and Mr. Girijesh Kumar, Advocate for the respondents online because of COVID-19 pandemic restrictions.
2. This writ application has been filed seeking following reliefs :-
The court cannot interfere with pending tribunal matters and emphasizes timely adjudication by the administrative tribunal.
The central legal point established in the judgment is the importance of prioritizing health over hasty decisions, especially in the context of the Covid-19 pandemic.
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
Discrimination based on income for advocates in the allotment of government scheme plots is unjust and should be set aside.
Covid-19 - Pandemic - Streamlining process of virtual hearing and restraining personal/physical hearing - Circular restarting of physical hearing of District Court and also from its subsequently havi....
Breach of natural justice occurs when a party is not given adequate opportunity to respond to allegations; procedural fairness must be upheld in tax assessments.
The court may extend the time for compliance with a court order if genuine reasons for non-compliance are presented.
Violation of principles of natural justice overrides the availability of an appellate remedy.
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