Uma Shankar Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12078 of 2011 ======================================================

1. Uma Shankar Rajak S/O Sri Bijay Gopal Rajak R/O Village /Mohalla - Jay Prakash Market, Thana Chowk, P.S. - Lakhisarai , Distt. - Lakhisarai .... .... Petitioner/s

Versus

1. The State Of Bihar Through Its Principal Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna

2. The Director, Primary Education, Government Of Bihar, New Secretariat, Patna

3. District Superintendent Of Education, Lakhisarai

4. The District Teachers Appointment Appellate Authority, Lakhisarai

5. Sunil Rajak, son of Shiv Kumar Rajak, Assistant Teacher, High School, Naoma Halsi, Lakhisarai

6. Abhay Paswan son of Late Dhaneshwar Paswan, Assistant Teacher Uchacha Vidyalaya, Wallipur, P.S.-Pipan, Lakhisarai

7. Gulzari Ram, son of Bansi Ram, Assistant Teacher, Uchcha Vidyalaya, Ramchandrapur, P.S.-Pipane, Lakhisarai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Pandey, Adv For the respondent nos. 5, 6 7 : Mr. Indu Bhushan, Adv For the State : Mr. Jitendra Kumar, AC to AAG-14 ====================================================== =========================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date: 08-04-2017 Heard learned counsel for the petitioner, learned counsel for the respondent nos. 5, 6, 7 and learned counsel for the State.

The present writ application has been filed for setting aside the order dated 19.05.2010 passed by respondent, Member, District Teacher Appointment Appellate

Patna High Court CWJC No.12078 of 2011 dt.08-04-2017 2/3 Authority, Lakhisarai in Appeal No. 05/10-11. The petitioner has based his claim on the ground that although a candidate who scored lesser marks than the petitioner has been appointed, the petitioner has neither been appointed as panchayat teacher nor he was ever informed about the counseling.

The District Teacher Employment Appellate Authority, without issuing notice to the petitioner, disposed of the appeal on 19.05.2010 when the appeal was filed on 06.05.2010.

Since the matter relates to appointment of Panchayat teacher and this Court has been informed that the Bihar State Teachers Appellate Authority has started functioning, this writ application is disposed of with a liberty to the petitioner to file appeal before the State Appellate Authority within six weeks of receipt or production of this order.

In view of the fact that the petitioner was pursuing remedy before this Court as this writ application is pending since 2011 and both sides agree not to raise the issue of limitation before the Appellate Authority, it is expected from the Appellate Authority to decide the matter expeditiously on merit in accordance with law provided if it is filed within a period of four weeks of receipt or production of this order. Accordingly, the appellate authority is expected to

Patna High Court CWJC No.12078 of 2011 dt.08-04-2017 3/3 pass appropriate order if any limitation petition is being filed. Accordingly, the writ application is disposed of.

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