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2025 Supreme(Online)(Pat) 2064
PATNA HIGH COURT
Ajit Kumar, J
Pawan Kumar Jha – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.17271 of 2023|Civil Writ Jurisdiction Case No. 16069 of 2023|Civil Writ Jurisdiction Case No. 16670 of 2023|Civil Writ Jurisdiction Case No. 16761 of 2023|Civil Writ Jurisdiction Case No. 17963 of 2023|Civil Writ Jurisdiction Case No. 18408 of 2023
For the Appellants/Petitioners: Mr.Prafull Chandra Jha, Adv., Mr. Keshav Kumar Jha, Adv., Mr. Rahul Kumar, Adv., Mr. Shiv Kumar, Mr. Sunil Kumar
For the Respondents: Mr.Manish Kumar, Mr.Rajeshwar Singh, Mr.Binod Kumar Yadav, Mr.Pankaj Kumar, Mr.Standing Counsel, Mr. Ajay Behari Sinha
Failure to comply with prior directives of the court regarding appointment processes necessitates further examination of adherence to established legal standards.
Headnote:The petitioner contends that the order in question fails to comply with a prior directive from the Hon’ble Division Bench regarding appointments, which has been established in prior rulings including State of Bihar & Ors. vs. Devendra Sharma (2020) 15 SCC 466. The court emphasizes the need for the State to demonstrate adherence to the procedural requirements set forth by the Hon’ble Division Bench. The matter is set for further consideration with additional time accorded to both parties to submit necessary materials and filings.
| Table of Content |
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| 1. initial petition for compliance with prior court directives. (Para 1 , 2) |
| 2. discussion on equality and similar cases. (Para 3 , 4) |
| 3. time granted for submissions and additional materials. (Para 6) |
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
107 02-12-2025 Counsel for the petitioners Mr. Praful Kumar Jha while taking this Court through the order passed in LPA No. 292 of 2014 submits that the Hon’ble Division Bench in the case of this petitioner namely Pawan Kumar Jha had directed the following:
“It is not the dispute before us that the issue with regard to the appointments, whether illegal or irregular now stands settled vide judgment of Hon’ble the Apex Court in the case of State of Bihar and Ors. vs. Devendra Sharma since reported in (2020) 15 SCC 466.”
2. It is the case of the petitioner that the dictates of Hon’ble Division Bench has not been followed in the case of this petitioner and simply relying upon the judgment of the Hon’ble Apex Court passed in the case of The State of Bihar & Ors. vs. Devendra Sharma and The State of Bihar & Ors. vs.
Kirti Narayan, the order impugned is said to have been passed.
3. Counsel for the State is directed to bring on record the materials to suggest that the compliance as directed by the Hon’ble Division Bench in the case of the petitioner was carried out to hold good the order passed in the case of the petitioner.
4. At this stage counsel representing in the case of Kuwar Munni Devi, CWJC No. 16670 of 2023 submits that his case is also similar and in order to justify parity, he would be bringing on record materials through written statements so that, this case may also be considered along with the other cases, which is listed today as Pawan Kumar Jha, CWJC No. 17271 of
2023 and its analogous cases.
5. To enable the counsel representing in CWJC No.
16670 of 2023 for filing appropriate affidavit, seeks one week time, which is allowed enabling him to do so.
6. At the request for the counsel for the State to bring on record the aforesaid materials, ten days time is granted.
7. List this case on 16.12.2025 at 03:30 P.M.
(Ajit Kumar, J) Siddharth Soni/-
