LETTERS PATIENT APPEAL No.780 OF 2003 (In the matter of memo of Appeal under Clause 10 of the Letter Patent of the Patna High Court Rules) GAYATRI SINGH, Wife of Sri Shardanand Singh, Assistant Teacher, B.N. Collegiate School, Post Office-Bankipore, Patna, District- Patna -----------------------------PETITIONER/APPELLANT Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary and Adult Education Department, New Secretariat, Patna. 3. The Director, Primary and Adult Education Department, New Secretariat, Patna. 4. The Chairman, Vidyalaya Seva Board, Patna. 5. The Vidyalaya Seva Board, through its Secretary. 6. Smt. Manju Rani Verma, wife of not know, Headmistress, Ram Govind Prasad Sah High School, Bayapur, Patna. 7. Smt. Lalli Devi, daughter of Sri Sitaram Yadav, Headmistress, High School, Chirayatand, Patna. 8. Smt. Shila Kumari, Daugher of Shri Prasad Mehta, Headmistress, High School Dodwalidih, Bokaro. 9. Smt. Manjula Sinha, D/o- not known Headmistress, High School, Sarthera, District-Bhojpur. 10. Smt. Veena Yadav, D/o- Shri Parmeshwar Prasad Yadav, Headmistress, Mahesh High School, Anisabad, District-Patna. 11. Smt. Indrawati, D/o- Deonanada Prasad, Headmistress, High School, Kanti, Muzaffarpur. 12. Smt. Subhdra Kumari, D/o- Shri Saryu Rai, Headmistress, Town High School, Hajipur, Vaishali 13. Smt. Jayanti Kumari, D/o- not known, Headmistress, Lokeshwari Girls High School, Lohanipur, Patna. 14. Smt. Pushpa Kumari, wife of Sri Ramanand Prasad, Headmistress, Ramchandra Prasad Gupta Girls High School, Hilsa, District-Nalanda. 15. Smt. Uma Kumari Sinha, D/o- Shri Girwardhari Prasad Singh Headmistress, High School, Panapur, Patna 16. Smt. Meena Singh, D/o- Shri Ram Balak Mahto, Headmistress, K.C.High School, Jharia, Dhanbad. 17. Sunaina Kumari, D/o- Shri Sheochandra Yadav, Headmistress Jamunadhari Rungta Girls High School, Jainagar, District-Madhubani. 18. Rukmini Nayak, D/o- Sitaram Nayak, Headmistress, Uchhya Vidyalaya, Mehtha, Ladania, District-Madhubani 19. Pratibha Kumari, D/o-Dr. Shambhu Prasad Sharma, Headmistress, Mahantha Narayan High School, Raipur, District- Samastipur. 2 20. Smt. Chanchala Kumari, D/o- not known, Headmistress, P.N. Anglo High School, Nayatola, Patna. 21. Rafat Neshant, W/o- not known, Headmistress, Girls High School, Sohsarai, District-Nalanda 22. Rambha Kumari, W/o- not known, Headmistress, Gandhi High Schoo, Baldaur, District-Khagaria. 23. Smt. Prabhawati Poddar, D/o-Shri Bindeshwari Prasad Poddar, Headmistress, Janakdhari High School, Danapur, District-Patna. 24. Smt. Saroj Choudhary, D/o- lae Baldeo Prasad Choudhary, Headmistress, High School, Karja, District- Muzaffarpur 25. Usha Rani, D/o- Shila Sharan Singh, Headmistress, High School, Jhirakhan Tola, Danapur, Patna 26. Smt. Sona Devi, D/o- Shri Keshav Prasad Singh, Headmistress, Inder Singh High School, Sheerpur, Patna. 27. Smt. Nilima Sinha, D/o- Shri Pakileshwari Prasad Sinha, Assistant Teacher, Bapu Smarak Girls High School Kadamkuan, Patna. 28. Smt. Lalita Verma, D/o- late Jang Bahadur Prasad Singh, C/o- Shri Damodar Prasad, Navdeep Publication, Kazipur, Post-Bankipur, Patna. 29. Smt. Rama Devi, D/o- late nageshwar Ram, Headmistress, Yogendra High School, Murto, Madhepura. 30. Smt. Lakshmi Kumari, Srivastava, D/o- If Faujdari Lal Headmistress, Sheo Pratap, High School, Hathua, District-Gopalganj. 31. Dr. Sushila Prasad Biyahut, D/o- late Mathura Prasad, Headmistress, High School, Mehasi, East Champaran. 32. Dr. Shashila Kumari Palit, D/o- Shrinath Palit Headmistress, Badha Devi Girls High School, Sikandarpur, District-Muzaffarpur. 33. Champa Devi, D/o-late Raghunamandan Prasad, Headmistress L.M.High School, Pupri, Sitamarhi. 34. Shanti Kumari, W/o- Shri Jagtanand Prasad, Headmistress, Bapu Smarak Girls High School, Kadamkuan, Patna. 35. Mehru Nisha, D/o- late Ramjan Ali Ansari, Headmistress, High School, Hisua, Nawada. 36. Nirmala Nath, D/o- Radha Mohan Sahay, Headmistress, High School, Torwa, Gaya. 37. Bhatinda Tigga, D/o- Stanis Iass, Headmistress, School, Tagore Dih, Gumla. 38. Vindhwasini Gupta, D/0-Shyamlal Gupta, Headmistress, Mahanth Harihardas High School, Gulmahibagh, Patan. 39. Manju Jha, D/o-late Rup Narayan Jha, Village+Post- Haripur Dehtok, District-Madhubani. 40. Ragni Saraswati, D/o- Shri Nedanand Jha, C/0- Rudra Naran Saraswati, Village-Machella, Post- Kusonadianee, District-Darbhanga 3 41. Anita Kumari, D/o- Shri Ramnath Yadav, Village- Sahpur Garwar, Post-Shiwans, District-Patna. ----------------------- RESPONDENTS/RESPONDENTS For the Appellant : Mr. Rajendra Prasad, Sr. Adv. Mr. Arvind Kumar Singh, Adv. For the Respondents Nos. 6 to 20 :-Mr.Rajni Kant Jha, Adv. For the Respondents Nos. 16 to 19 :-Mr. Shivendra Kishore, Adv. For the Respondents No. 30 :-Mr. Shubh Narayan Singh, Adv. For the Respondents Nos. 8 to 12, 14, 22 to 26 :- Mr. Krishan Kumar, Adv. Mr. Harish Kumar, Adv. P R E S E N T THE HON'BLE MR. JUSTICE NAVIN SINHA THE HON'BLE MR. JUSTICE JYOTI SARAN Navin Sinha & Jyoti Saran, JJ. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the private respondents. Advertisement No.3 of 1991 was issued inviting applications for appointment to the post of Headmistress. A panel was prepared by the Vidyalaya Seva Board (hereinafter called the Board) which recommended the name of 104 candidates. The panel was cancelled and directions in C.W.J.C. No. 9405 of 1994 given to prepare a fresh panel. A fresh panel was then prepared for 201 posts. Certain persons aggrieved with the fresh panel came to this Court in C.W.J.C. 4 No. 11364 of 1997. The Court called for the original records of the selection and was satisfied that there had been no violation of the reservation roster. There appeared to have been some mistakes which had been corrected. The allegation that those in the creamy layer had been granted benefit of reservation was found wrong. It was further noticed therein that there was no illegality in the appointment of the private respondents and that the petitioners therein did not either come in the zone of consideration or below in the panel then those appointed. The judgment having been pronounced after scrutiny of original records by the Court there is no occasion for us to rescrutinize the original records. The petitioner was an empanelled candidate in the first panel set aside by this Court in C.W.J.C. No. 9405 of 1994. Her name did not figure in the fresh panel prepaed thereafter and which is the cuase of action presently. The judgment in C.W.J.C. No. 11364 of 1997 was questioned in L.P.A. No. 1036 of 5 2000. Before the appellate Court the contention advanced was that 86 vacancies in the general quota had been filled only and that there were more vacancies in the general quota unfilled. The Division Bench observed that the advertisement being of 1991 no appointments could be directed from that panel in the year 2000. It was also noticed that the respondents were all above the appellants in the panel. Directions were given to advertise fresh and proceed to make fresh appointment in accordance with law. Fresh advertisement has been issued on 28.11.1999. We required the appellants to satisfy us from the judgment of this Court in C.W.J.C.No. 11364 of 1997 on facts discussed therein the petitioner had a better case for appointment and had wrongly been denied such appointment. No such material has been placed before us. In fact, we are satisfied that the observations of the Division Bench in L.P.A. No. 1036 of 2000 holding that no appointments could be directed from a panel prepared from an advertisement of the year, 1991 applies with equal if not more vigorous rigour today in the year 2010. We therefore find no 6 infirmity in the judgment under appeal dated 22.7.2003. In view of the findings of a Co- ordinate Bench in L.P.A. No. 1036 of 2000, we find no merit in this appeal. The Letters Patent Appeal is accordingly, dismissed. Patna High Court/ Dated 15th July, 2010/ Bibhash/N.A.F.R. ( Navin Sinha, J.) (Jyoti Saran, J.)