Rupesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9468 of 2014 ===========================================================

1. Rupesh Kumar Son of Garib Das Resident of village - Mahisona, P.S. Lakhisarai, District - Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Human Resources Development Department, Govt. of Bihar, Patna

3. The Director, Primary Education, Govt. of Bihar, Patna

4. The District Magistrate, Lakhisarai

5. The District Teacher Selection Appellate Authority, Lakhisarai

6. The District Superintendent of Education, Lakhisarai

7. The Superintendent of Police, Lakhisarai

8. The Sub Divisional Officer, Lakhisarai

9. The Block Development Officer, Lakhisarai

10. The Mukhiya cum Chairman, Panchayat Teacher Selection Committee, Gram Panchayat Raj, Damodarpur, District - Lakhisarai

11. The Panchayat Teacher Selection Committee, through its Secretary, Gram Panchayat Raj, Damodarpur, Lakhisarai

12. Dilip Manjhi son of Kailash Manjhi resident of village - Jhinaura, Post office Mahisona, P.S. & District - Lakhisarai

13. Rajesh Rajak son of Mantu Rajak resident of Mohalla - Naya Bazar, Lakhisarai, Near R. Lal College, P.S. & District - Lakhisarai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Maharaj For the Respondent/s : Mr. AC to GA 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-11-2016 Heard counsel for the petitioner and counsel for the State.

The impugned order is Annexure- 22, dated 4.3.2014 passed by the District Teaches Employment Appellate Authority. Irrespective of what has been held and found by the District Teachers Employment Appellate Authority, it is evident that the dispute in

Patna High Court CWJC No.9468 of 2014 dt.29-11-2016 2/2 relation to appointment relates to the year 2008. There may have been many rounds of litigation but since then the law and the rules have undergone a change. No appointment can be made on any post of a teacher much less of a Panchayat and Block Teacher unless he is a trained teacher and has qualified Teachers Eligibility Test. The entire argument of the petitioner, therefore, remains academic. No direction can be issued contrary to the prevalent rules for appointment of a person whatever be the merit in the argument with regard to initial process for appointment and exclusion thereof. Writ has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 29.11.2016 Transmission Date NA