Vijay Kumar Vibhav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3693 of 2016 ====================================================== Vijay Kumar Vibhav Son of Shri Laxmi Narayan Yadav, Resident of Village - Basaha, P.S. - Pipra, District - Supaul. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

2. The District Magistrate, Supaul.

3. The Presiding Officer, District Appellate Authority, Supaul.

4. The Prakhand Vikas Padadhikari, Pipra Prakhand, District - Supaul.

5. The Block Education Extension Officer, Pipra Prakhand, District - Supaul.

6. The Panchayat Secretary, Gram Panchayat Raj, Basaha, P.S. - Pipra, District - Supaul.

7. The Mukhiya Gram Panchayat Raj, Basaha, P.s. - Pipra, District - Supaul. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar For the Respondents : Mr. Anjani Kumar- AAG6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard the parties.

Following reliefs have been sought for in the present writ application on behalf of the petitioner: (i) For quashing of an order dated 29-092015 passed by the learned Presiding Officer, District Appellate Authority, Supaul (Respondent No. 3) in Appeal Case No. 21 of 2015 contained in Annexure-1 to this application, whereby and where under without going into merits of this case, he has simply dismissed the appeal of this petitioner merely on the point of delay, caused in filing the said appeal.

(ii) For a further direction to the Respondents State to appoint this petitioner on the

Patna High Court CWJC No.3693 of 2016 (3) dt.24-07-2018 post of Panchayat Teacher as the posts are still vacant, for which he had made his application well within time but due to mala fide attitude of the Employment Committee his selection was not made, despite this fact that he was having much more better qualification than the person selected by them.

(iii) For a further direction to the Respondents to keep a post of Panchayat Teacher vacant till disposal of instant writ application. Considering the facts and circumstances of the case, the petitioner is directed to prefer a statutory appeal before the State Appellate Authority within a period of thirty days from the date of order and the same shall be disposed of by the State Appellate Authority within the statutory period.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) A.K.V./- U