Amrendra Kumar Dwivedi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10144 of 2014 ===========================================================
1. Amrendra Kumar Dwivedi Son of Late Parmanand Dwivedi Resident of Mohalla - Meena Bazar, Sonepur, P.S. Sonepur, Distt. - Saran
2. Vibita Kumari Wife of Shri Sunil Kumar Singh Resident of Mohalla - Hasti Tola, Batrauli Sabalpur, P.S. Sonepur, Distt. - Saran
3. Prashant Kumar Son of Shri Nand Kishore Ojha Resident of Village - Murthan, P.S. Sonepur, Distt. - Saran
4. Anees Ahmad Son of Late Mohd. Abulaish Resident of Mohalla - Mufti ( Nakash ), P.S. Hajipur Nagar, Distt. - Vaishali
5. Tasneem Jaha Daughter of Mohd. Shahid Ekbal Resident of Mohalla - Sahganj, P.S. Sultanganj, Distt. - Patna
6. Nishat Fatima Daughter of Mohd. Hafiz Resident of Village - Gangajal Tola, P.S. Sonepur, Distt. - Saran
7. Rabiya Khatoon Daughter of Mohd. Hafiz Resident of Village - Gangajal Tola, P.S. Sonepur, Distt. - Saran .... .... Petitioners
Versus
1. The State of Bihar through Principal Secretary, Human Resources Development Deptt., New Secretariat, Patna
2. Member, District Teacher's Appellate Authority Tribunal, Saran
3. District Education Officer, Saran
4. District Programme Officer, Establishment Branch, Saran
5. Block Pramukh - cum - Chairman, Appointment Committee, Block - Sonepur, Distt. - Saran
6. Block Development Officer, Sonepur Block, Saran
7. Block Education Extension Officer, Sonepur Block, Saran .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. GP27- PURNENDU SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-11-2016 Heard counsel for the petitioners and the counsel for the State.
Order dated 25.11.2013 passed by the District Teacher Employment Appellate Authority, Saran, Chapra is under challenge. In a rather detailed order, the entire background as to the dispute for non-appointment and selection of the candidates for appointment has been dealt with and the reasons for impediment, which
Patna High Court CWJC No.10144 of 2014 dt.08-11-2016 2 / 2 came in the way for completion of the counselling and the appointment has also been discussed.
The controversies, which came in the way of completing the process of selection cannot be now undone and no relief for any appointment at this stage can be issued with regard to the appointment process relating to the vacancy of 2008. The Tribunal has committed no error in refusing to grant any relief to the petitioners by way of a direction for appointment.
In addition to that, the entire process of selection and appointment has undergone a change. No person can be appointed as a teacher even in a Panchayat or a Block level without passing Teachers Eligibility Test.
There has to be a new beginning since the earlier exercise did not amount to any fruitful outcome, therefore, no relief to the petitioners can be given by interfering with an otherwise correct order passed by the Tribunal.
Writ is dismissed.
(Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE Uploading Date 09.11.2016 Transmission Date