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2010 Supreme(Online)(SC) 23

SUPREME COURT OF INDIA
, J
State of Bihar and Others v. Surendra Prasad and Others


Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. challenge to the prior ruling on procedural grounds. (Para 1)
2. support for the impugned order based on consistency. (Para 2)
3. need for careful consideration of facts and legal principles. (Para 3)
4. final decision to remit for fresh evaluation. (Para 4)

1. The order dated 23-1-2001, passed by the Division Bench of the High Court in State of Bihar v. Surendra Prasad is under challenge in this appeal. The learned counsel for the appellants contended that the Division Bench of the High Court committed an error in passing the impugned order without examining the contentions raised in the LPA; the LPA was disposed of simply following the judgment rendered in ( Ajit Kumar Singh v. State of Bihar). The LPA filed against the order in the said writ petition is still pending in the High Court for disposal. The learned counsel further submitted that the concession given on behalf of the State in the case of Babita Prasad v. State of Bihar was confined only to the appellants in the said case and the concession was not general in nature so as to apply the same to all the candidates who could subsequently make their claims in subsequent writ petitions. The learned counsel f

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