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2022 Supreme(Pat) 160

SANJAY KAROL, S.KUMAR
Rajendra Das S/o Bindeshwary Das – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shashi Shekhar Tiwary.
For the Respondent: Mr. Pawan Kumar.

JUDGMENT :

SANJAY KAROL, J.

1. Petitioners have prayed for the following reliefs:

    “(i) For diluting/quashing or declaring the clause (iii) of the notice dated 21.4.2016 published in Hindi Daily “Hindustan” read with clause 6(ka)(i) of the Government Memo No. 2530 dated 04.10.2017 as ultra-virous to the constitution of India so also nonest in the eye of law.

(ii) The respondents simultaneously may kindly be directed to replace the above said incorporation through just, fair, rational and reasonable stipulation so that the constitutional protection under Article 14, 16 and 21 be made available to the petitioners and other Non-formal Education Instructors cum Special Education Instructors who are/were validly appointed, bonafidely worked and genuinely entitle for the job/absorption in question within the four corners of law coupled with the illegibility and experience criteria which they having admittedly.

(iii) For directing the respondents to consider the petitioners candidature/cause, in view of the well settled preposition of law as stated hereunder:

(a) Justice must not only be done, but must also be seen to be done since reported in (1924) 1 K.B. 256 (i.e. Rex V. Sussex Justices case)

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