RAVI KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S. D. Sanjay, learned senior counsel for the appellant, Mr. Sushil Kumar Singh, learned assistant counsel to GA-7 for the State, Mr. Ganpati Trivedi, learned senior counsel appearing for Bihar State Board of Religious Trust (for short 'the Board') and Mr. Ritesh Kumar, learned counsel for B.N. Mandal University, Madhepura.

(2.) The present intra-court appeal under clause 10 of the Letters Patent of the Patna High Court Rules has been preferred by the appellant against the judgment dated 15.07.2019 passed by the learned Single Judge in CWJC No. 2877 of 2019 whereby he has set aside the order dated 28.09.2018 passed by the learned Administrator of the Board by which the appellant was appointed on the post of Manager of Singheshwar Temple Trust Committee, Singheshwar, Madhepura (for short 'Trust Committee').

(3.) Mr. S. D. Sanjay, learned senior counsel appearing for the appellant submitted that the learned Single Judge failed to consider the fact that pursuant to an advertisement for open selection, the appellant had applied to participate in the selection process and that he was a graduate and had also diploma in computer application and got certificate of office automation and internet. He has further contended that the learned Single Judge also failed to appreciate that after inquiry by the respondent, the learned Administrator of the Board held that the appellant had appeared and passed his graduation in 2013 batch itself, but due to technical reason, he could not get his marksheet even though his result was known to him in the year 2014 itself. According to him, the learned Single Judge also failed to appreciate that due to laches on the part of the respondent B. N. Mandal University, Madhepura (for short 'the University') the marksheet was supplied to the appellant belatedly. Hence, the appellant could not have been disqualified from appointment on the post in question.