STATE OF BIHAR Vs. RINA ROY

JUDGEMENT

(1.) Heard Sri Sunil Kumar Mandal, SC-24 on behalf of the State and Sri Sandeep Kumar for the contesting respondents, who were the writ petitioners.

(2.) This intra-court appeal has been filed against the judgment and order dated 04.09.2001, passed by the learned Single Judge of this Court in C.W.J.C. No. 1690 of 2001, whereby while allowing the writ petition directions were issued to the Government to fill up the vacancies on the post of teachers in respect of Home Science subject to be appoint in the Nationalized Government Secondary Schools.

(3.) In support of this intra-court appeal Sri Mandal, learned counsel for the State submits that the learned Single Judge erred in issuing a mandamus in this regard in view of the clear averment made in the counter affidavit that Government had already taken a decision to cancel the panel for various reasons. He submits that before the learned Single Judge could issue such a mandamus the learned Single Judge was obliged to set aside the Government decision, but regrettably the learned Single Judge does not even refer to such a decision, much less set aside the decision and in absence whereof the mandamus to appoint could not have been issued.