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Jharkhand High Court · body

2018 DIGILAW 2517 (JHR)

Anand Nandan Sahay, son of Pramod Nandan Sahay v. State of Jharkhand through its Chief Secretary

2018-11-22

ANIRUDDHA BOSE, SHREE CHANDRASHEKHAR

body2018
JUDGMENT : I.A. No.10339 of 2018 I.A. No. 10339 of 2018 is an application for condonation of delay of 161 days in filing this petition. 2. Having gone through this application, we are satisfied that the petitioner was prevented by sufficient cause in preferring this review petition within time. We accordingly condone the said delay. 3. I.A. No. 10339 of 2018 stands disposed of. I.A. No. 10146 of 2018 I.A. No. 10146 of 2018 is an application for production of certain additional documents which includes a notification dated 25th April, 2018 which according to review applicant lays down a new policy governing the absorption of the Teachers from Project Girls High School. We shall consider this policy and test its applicability. This interlocutory application (I.A. No. 10146 of 2018) also stands disposed of. Civil Review No. 72 of 2016 The review applicant in the writ petition out of which this proceeding arises asked for his absorption as an Assistant Teacher in Project Girls High School, Tandwa, District-Chatra. Such plea was rejected by the authority concerned. The writ petitioner’s plea also was turned down by the learned First Court and the appeal of the writ petitioner was dismissed by a Division Bench of this Court on 18th July, 2016. The reason for rejecting the petitioner’s plea was that he did not have the teacher’s training degree on the material date and that he was not a graduate. The ground on which the review application has been filed is that according to the review applicant, the State has formulated a policy in which persons similar to the petitioner are being considered under certain circumstances specified therein for these posts. The formulation of a new policy may be the basis of a fresh cause of action but we are not inclined to generate another litigation by holding so which might prompt the petitioner to institute a fresh action. We accordingly direct that in the event the review applicant comes within the ambit of the new policy for absorption, the State shall consider the same in accordance with law and the factum of dismissal of the writ petition and the Letters Patent Appeal shall not come in the way of consideration of the review applicant’s case under the new policy. With this direction this review application stands disposed of.