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2022 Supreme(Pat) 856

P. B. BAJANTHRI
Md. Faisal Ahmad – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Suraj Narain Yadav.
For the Resp.-State : M/s Subash Chandra Mishra, Shashi Bhushan Singh.

P. B. Bajanthri, J.—Heard learned counsel for the parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:—

“That this is an application for issuance of a writ in the nature of Quo warranto directing the respondents to removed the respondent no. 8 from the post of Director of the Rural Institute of Higher Studies, Birauli, Samastipur forthwith as he has been holding the post illegally being appointed by authority having no jurisdiction apart from other illegalities in his appointment and to quash the notification as contained in memo No. 884 dated 19.05.2016 issued by the Joint Secretary to the Government, Department of Education Bihar under the order of the Hon’ble Governor by which respondent no. 8 has been appointed.”

3. Eighth respondent was a candidate for recruitment to the post of Director of the Rural Institute of Higher Studies, Birauli, Samastipur. Among others he was a candidate. The method of recruitment to the aforesaid post reads as under:—

“Appointment.—(a) Director of the Institute—

(i) Pay.—The pay and other allowances of the Dire

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