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Patna High Court

Amit RanjanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Division Bench dismissed the intra‑court appeal, upholding the Single Judge’s finding that the selection process was tainted by interpolations and that there was no ground to disturb the factual findings.

Summary

The appellant, Amit Ranjan, challenged a fresh selection process for a Guest Lecturer post at ITI Saharsa after a Single Judge quashed the original selection on the ground of interpolations in the merit list and ordered a new, transparent selection. The appellant argued that the markings considered interpolations were merely student notes and that, being a degree holder, he should receive preference over diploma‑holding respondents. The State contended that the Single Judge's order was correct and that the appeal should be dismissed. The Division Bench examined the limited scope of a Letters Patent Appeal, citing Supreme Court precedents that factual findings of a Single Judge are not disturbed absent perversity. Finding no illegality or perversity in the lower court’s decision, the bench dismissed the intra‑court appeal and upheld the direction for a fresh selection.

Issues considered

  • Whether the alleged interpolations in the merit list rendered the original selection process unfair and justified setting it aside.
  • Whether the Letters Patent Appeal can overturn the factual findings of the Single Judge regarding the selection process.
  • Whether the appellant, as a degree holder, is entitled to preference over diploma‑holding candidates in the selection.

Legislation cited

Subjects

  • selection process
  • interpolation
  • merit list
  • intra-court appeal
  • letters patent appeal
  • fairness
  • transparency
  • appointment
  • guest lecturer
  • ITI

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Letters Patent Appeal No.389 of 2022
                                                    In
                                Civil Writ Jurisdiction Case No.5 of 2018
                 ======================================================
                 Amit Ranjan S/o Yogendra Paswan, Resident of Basudeva Murli Basantpur,

                 P.S. and P.O. - Saharsa, District - Saharsa.


                                                                                 ... ... Appellant/s
                                                      Versus

           1.    The State of Bihar through the Directorate of Employment and Training

                 Labour Resources Department, Patna, Bihar.
           2.    The Collector, Saharsa.
           3.    Principal Industrial Training Institute, Saharsa.
           4.    Navin Kumar, Guest Lecturer, ITI Saharsa.
           5.    Mukesh Kumar, S/o Sri Ravindra Prasad Sah, Resident of Village - Batraha,

                 P.O. and P.S.- Saharsa, District - Saharsa.
           6.    Kumari Sangita, D/o Bhupendra Prasad Yadav, At- Dumrail Lakshminia

                 Chowk, Ward No. - 34, P.O. and P.S - Saharsa, District - Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Dharmendra Kumar Sinha, Advocate

                 For the Respondent/s    :       Mr. Sarvesh Kr. Singh, AAG-13

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   24-03-2026                  Heard learned counsel for the parties.

                                2. The present intra Court appeal has been preferred

                   against the order dated 04.07.2022 passed in C.W.J.C. No. 5 of

                   2018, whereby the writ petition was partly allowed, and the
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          learned Single Judge had set aside the selection process that was

          conducted. Further, directions were issued for conducting fresh

          selection process.

                       3. The brief facts of the case are that an advertisement

          was issued for appointment to the post of Guest Lecturer at ITI,

          Saharsa. The appellant and the private respondents had

          participated in the same. The appellant was initially selected for

          the said post, however, the selection was challenged in the

          impugned writ petition which came to be partly allowed.

                       4. The learned Single Judge, while disposing C.W.J.C.

          No. 5 of 2018, had set aside the selection process on the ground

          that there were several interpolations in the merit list that was

          prepared. The relevant part of the order of the learned Single

          Judge is reproduced hereinbelow:-

                                                “7. Considering that there are several

                                   interpolations in the entire merit list prepared, and

                                   that in absentees were included the selection cannot

                                   be said to be justified, fair and transparent. The

                                   entire selection therefore cannot be allowed to

                                   sustain.

                                                8. Accordingly, the selection conducted

                                   for under the advertisement for the Lecturer/I.T.I.

                                   are quashed and set aside.

                                                9. The respondents are now directed to
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                                   conduct a fresh selection by following a fair and

                                   transparent manner by inviting applications and

                                   conducting demo classes and only those who have

                                   participated therein, ought to be allowed to be

                                   included to be an integral of the selection. If in the

                                   said merit list the petitioners find their place, they

                                   shall be considered and appointed.

                                                10. The writ petition is partly allowed.”

                       5. Learned counsel for the appellant submits that the

          learned Single Judge had wrongly considered some markings

          which were made by students as interpolations and any

          overwriting made by students in the demo-classes should not be

          considered as interpolation. Learned counsel further submits

          that in the present case, the appellants are degree-holders and

          the private respondents are diploma-holders. As such, the

          appellant would be given preference in selection for the said

          post. Learned counsel, therefore, submits that in any case, the

          writ-petitioners would not have succeeded in the selection

          process.

                       6. Learned counsel for the State submits that the order

          of the learned Single Judge requires no interference by this

          Court and the present appeal is fit to be dismissed.

                       7. The Writ Court had come to the finding that there

          were several interpolations in the entire merit list prepared and,
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          for the said reason, the learned Court interfered with the

          advertisement in question. Upon perusal of materials on record,

          it is evident that the chart prepared by the respondent for

          selection of the said post has overwriting/marks which was

          rightly considered by the learned Single Judge as interpolation.

                       8. Further, by virtue of the impugned selection of the

          appellant, no indefeasible right of petitioner has accrued to hold

          the said post. Therefore, in view of the observations made by the

          learned Single Judge in paragraph 8 and 9 of the impugned

          order, the petitioner could not have any valid grievance against

          the fresh selection process, as directed by the learned Single

          Judge.

                       9. Thus, the appellant has been unable to substantiate

          the grounds of the present appeal to dislodge the findings of the

          learned Single Judge. The scope of a Letters Patent Appeal is

          very limited and normally in absence of cogent reasons,

          Division bench would not differ from a finding of fact recorded

          by learned Single Judge. The relevant paragraph of the

          Judgment of the Hon’ble Supreme Court in Umabai v. Nilkanth

          Dhondiba Chavan, reported in (2005) 6 SCC 243, is

          reproduced as under:

                                      “52. It may be, as has been held in Asha Devi

                        [(1974) 2 SCC 492] that the power of the appellate court in
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                        intra-court appeal is not exactly the same as contained in

                        Section 100 of the Code of Civil Procedure but it is also well

                        known that entertainment of a letters patent appeal is

                        discretionary and normally the Division Bench would not,

                        unless there exist cogent reasons, differ from a finding of

                        fact arrived at by the learned Single Judge. Even as noticed

                        hereinbefore, a court of first appeal which is the final court

                        of appeal on fact may have to exercise some amount of

                        restraint.”

                       10. It is also relevant to take note of the Judgment of

          the Hon’ble Supreme Court in Narendra & Co. (P) Ltd. v.

          Workmen, reported in (2016) 3 SCC 340, wherein the Court

          held that merely on the ground that another view is possible, the

          order of the Single Judge should not be interfered with. The

          relevant paragraph of the said Judgment is reproduced as under:

                                      “5. …..Be that as it may, in an intra-court

                        appeal, on a finding of fact, unless the Appellate Bench

                        reaches a conclusion that the finding of the Single Bench is

                        perverse, it shall not disturb the same. Merely because

                        another view or a better view is possible, there should be no

                        interference with or disturbance of the order passed by the

                        Single Judge, unless both sides agree for a fairer approach

                        on relief.”

                       11. In view of the facts and materials on record, the

          discussions made above and the decisions of the Hon’ble
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                     Supreme Court as referred above, we find no illegality or

                     perversity in the order passed by the learned Single Judge.

                                  12. Accordingly, the present intra Court appeal stands

                     dismissed.

                                  13. Pending application(s), if any, shall also stand

                     disposed of.



                                                  (Sudhir Singh, J)


                                                (Shailendra Singh, J)
Sachin/-

U


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