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2022 Supreme(Pat) 162

SANJAY KAROL, S.KUMAR
Vijay Kumar Singh, Son of Shiv Sagar Singh – Appellant
Versus
State of Bihar, through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Bipin Bihari Singh, Advocate
For the Respondent: Smt. Shilpa Singh, Ms. Abhanjalli, Adv

JUDGMENT :

The petitioner has prayed for the following relief/s :

    (i) For quashing or declaring the Clause (iii) of the Notice-dated 21.04.2016 published in ‘Hindustan’ Hindi Daily read with Clause 6(Ka)(i) of the Govt. Memo No.2530 dated 04.10.2017 as ultravirous to the Constitution of India and also nonest in Eye of Law.

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

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

(a) “Justice must not only be done, but it must also be seen to be done”, since reported in (1924) 1 KB 256 (i.e. Rex. Vs. Sussex Justices case) and other cases.

(b) “A reasonless order cannot be termed as an ord

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