Striking Down of Clause 4.9 of the 2011 Guidelines

Being aggrieved and dissatisfied with the order of appointment issued in favour of the appellant, respondent No.8 submitted a representation before the District Programme Officer, Katihar praying for cancellation of the order of appointment dated 2 July 2013 issued in favour of the appellant. The Appellate Authority, vide order dated 30 July 2015, allowed the appeal filed by respondent No.8 while setting aside the order of appointment dated 2 July 2013 issued in favour of the 2 appellant. Per contra, learned counsel appearing on behalf of the State as well as respondent No.8 supported the impugned judgment and order.

The High Court, vide judgment and order dated 27 September 2022, after elaborate discussion, struck down the said Clause 4.9 of the 2011 Guidelines. 17585 of 2015, passed by the High Court of Judicature at Patna are quashed and set aside; (iii) The writ petition being CWJC No 17585 as well as the appeal being LPA No 1853 of 2016 filed by the appellant before the High Court of Judicature at Patna are allowed by setting aside the order dated 30 July 2015 passed by the Appellate Authority; and (iv) The appellant is directed to be reinstated forthwith.

Also Read: https://newslaw.in/case-type/civil/c-a-no-005348-005349-2019/

Case Title: ANJUM ARA Vs. THE STATE OF BIHAR (2024 INSC 40)

Case Number: C.A. No.-000208-000208 / 2024

Click here to read/download original judgement

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