Arbind Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10981 of 2015 ====================================================== 1.

Arbind Kumar, Son of Shri Yogendra Prasad Mehta resident of village - Ramnagar, P.O. Shahpur Prithwipatti, P.S. Saraigarh Bhaptiyahi, District - Supaul 2.

Md. Ziyaulaha, Son of Md. Akhtar Hussain resident of village - Hasanpur, P.O. Jagatpur, P.S. Phulparas, District - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Education, Government of Bihar, Patna 3.

The Director, Primary Education, Government of Bihar, Patna 4.

The Regional Deputy Director of Education, Koshi Division, Saharsa 5.

The District Education officer, Supaul 6.

The District Programme officer Eastablishment , Supaul 7.

The Block Education officer, Raghopur, District - Supaul 8.

The Teachers Selection Committee Gram Panchayat - Motipur through its Secretary, Block - Raghopur, 9.

The Secretary of the Gram Panchayat - Motipur, Block - Raghopur, District - Supaul 10.

The Mukhiya of the Gram Panchayat - Motipur, Block - Raghopur, District - Supaul 11.

The District Teachers Selection Appellate Authority, Supaul through its Presiding officer 12.

Raj Kumar Jha S/o Bidya Nand Jha resident of At P.O. Motipur, P.S. Karjain Bazar, District - Supaul 13.

Priyaranjan S/o Late Bahadur Mehta resident of village - Nanpur, P.O. Vaisha, P.S. Bhaptiyahi, District - Supaul 14.

Binod Kumar S/o Ramsevak Yadav resident of village - Bishanpur, P.S. Raghopur, District - Supaul 15.

Ashish Kumar Son of Somnath Kunwar resident of village - Bedrah, Anchal - Raghopur, P.S. Karjain, District - Supaul 16.

Prabha Singh Son of Sudama Singh, Husband of Pabendra Singh resident of At - Anand Patti, P.S. Pipra, District - Supaul 17.

Jyoti Kumari D/o Shri Shambhu Prasad Gupta C/o Mayur Medical, at Simrahi Bazar, P.S. Raghopur, District - Supaul 18.

Ranjan Kumari D/o Shri Raghunath Prasad Yadav resident of village - Motipur, P.S. Karjain, District - Supaul ... ... Respondent/s ======================================================

Patna High Court CWJC No.10981 of 2015(2) dt.20-02-2023 2/3 Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Respondent/s :

Mr.Anil Kumar, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-02-2023 The petitioners by way of this writ petition have prayed as under :- "A) to issue a writ in the nature of certiorari setting aside order dated 27.05.2015 passed in Appeal No. 12/2015 (Annexure-9) passed by the District Teachers Selection Appellate Authority, Supaul by which he was pleased to dismiss the said appeal on limitation ground. The appeal of petitioners was filed with prayer for appointment of petitioners against the post of Panchayat Teachers in Gram PanchayatMotipur, Block -Raghopur, P.S.-Karjain, District -Supaul as candidate below him were appointed.

B. To issue a writ in the nature of certiorari setting aside the order dated 04.03.2023 passed in Appeal Case No.40/2012 (Annexure-4) by which the District Teachers Selection Appellate Authority was pleased to direct to appoint the Respondent No.12 Raj Kumar Jha, Respondent No.13 Priyaranjan, Respondent No.14 Binod Kumar as Panchayat Teachers, in pursuance to this order the selection Committee of Gram Panchayat was pleased to appoint the aforesaid Respondents as Panchayat Teachers in different schools of Gram Panchayat -Motipur.

C) To issue a writ in the nature of certiorari setting aside the order dated 25.09.2013 (Annexure-5) passed by Respondent No.11, the District Appellate Authority, Supaul in Appeal Case No. 7 of 2013 directing the Selection Committee of Gram Panchayat- Motipur to appoint the Respondent No.15 Ashish Kumar and

Patna High Court CWJC No.10981 of 2015(2) dt.20-02-2023 3/3 Respondent No.16 Prabha Singh as Panchayat Teacher, in compliance of that very order they were appointed as Panchayat Teachers in different Schools of Gram Panchayat-Motipur D) To issue a writ in the nature of certiorari setting aside the order dated 26.04.2014 passed in Appeal Case No. 28, 30 and 32 of 2013 (Annexure-6) passed by District Appellate Authority, Supaul by which the Appellate Authority was pleased to direct Selection Committee to appoint Respondent No.17 Jyoti Kumari, Respondent No.18 Ranjan Kumari within a fortnight and in compliance of that the aforesaid order the Respondents have been appointed against the said post, under Gram Panchayat-Motipur."

2. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to file appeal before the State Appellate Authority and the same shall be decided preferably within a period of eight months.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.34 U