IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 1095 of 2009 IN CIVIL WRIT JURISDICTION CASE NO. 2257 of 2008 WITH INTERLOCUTORY APPLIATION NO.5454 of 2009 WITH INTERLOCUTORY APPLICATION NO.5455 of 2009 IN LETTERS PATENT APPEAL No. 1095 of 2009 ========================================= RINA KUMARI Versus THE STATE OF BIHAR & ORS ============================================ APPEARANCE For the Appellant : Mr. Vivekanand Pd. Singh, Advocate For the State : Mr. Rajendra Prasad, AAG I For the Respondent no.7 : Mr. Nagendra Kr. Singh, Advocate =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 29/10/2010 I.A. No.5454 of 2009 This application under section 5 of the Limitation Act is filed by the appellant for condonation of delay of 1 year and 11 days occurred in filing the Letters Patent Appeal. The case of the appellant is that she was not made party to the writ petition. Though impugned order was made as early as on 25th June 2008, copy was received by the appellant on 12th May 2009. Thereafter, the appellant consulted some advocates and then filed the Letters Patent Appeal. Therefore, the delay. On the facts and in the circumstances of 2 the case, the delay is condoned. Interlocutory Application stands disposed of. LPA. No.1095 of 2009 Heard the learned advocates. With the consent of the learned advocates the Letters Patent Appeal is heard and decided today. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 25th June 2008 passed by the learned Single Judge in CWJC. No.2257 of 2008. The above CWJC. No.2257 of 2008 was filed by one Shashi Kala Kumari - respondent no.7 herein. She complained that she had participated in selection process for appointment as a teacher in the High School pursuant to an advertisement published by the State Government in the year 2006. According to the respondent no.7- writ petitioner, she was selected, had appeared for counseling on 15th February 2007 and had produced all testimonials and certificates before the District Education Officer. Nevertheless, she was not given appointment. The petition was contested by the respondent no.6 the District Education Officer. The defence was not accepted by the learned Single Judge. The learned Single Judge, therefore, allowed the writ petition and directed the respondent authorities to act in furtherance of the decision taken by the statutory authority on 29.6.2007 and to issue necessary 3 appointment letter to the writ petitioner. It appears that by the time the impugned order was made, all vacancies were filled up. In compliance with the direction issued by this court, by order dated 6th May 2009 made by the Chief Executive Officer, Supaul the respondent no.7 was appointed as a teacher in S.B.K. Girls’ High School, Pratapganj. As a consequence, the appellant was discharged from service. Therefore, the present Appeal. Undoubtedly, the learned Single Judge did not issue any direction in respect of the service of the appellant. However, as a consequence of the order made in favour of the respondent no. 7 – writ petitioner, interest of the appellant is seriously prejudiced and she has lost her employment unceremoniously without any reason. In our view, the appellant has legitimate grievance of having no opportunity of hearing before the learned Single Judge. It is apparent that the writ petitioner – respondent no.7 herein failed to bring to the notice of the learned Single Judge that any order made in the writ petition may adversely affect the third party. For the aforesaid reasons, the Appeal is allowed. The impugned judgment and order dated 25th June 2008 made by the learned Single Judge is set aside. The appellant is ordered to be impleaded as party respondent no.7 in the above CWJC. No.2257 of 2008. The respondent no.7 - the writ petitioner will carry out the necessary amendment in the cause title of the writ petition within ten days from today. 4 The appellant – respondent no.7 in CWJC. No.2257 of 2008 will file her counter affidavit to the writ petition within three weeks from today. The writ petition will be notified for admission hearing before the concerned Bench on 22nd November 2010. We are informed that in view of the appointment made on 6th May 2009, the respondent no.7, the writ petitioner, is continuously working as a teacher in S.B. K. Girls’ High School, Pratapganj, Supaul. The respondent no.7, the writ petitioner, will continue to work as such unless and until order to the contrary is made on the writ petition by the learned Single Judge. The parties will bear their own cost. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)