Patna High CourtCWJC/22925/2012disposed

Abrar Ahmad @ Ibrar Ahmad v. The State Of Bihar And ORS

2018-11-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22925 of 2012 ====================================================== Abrar Ahmad @ Ibrar Ahmad S/O Anwar Ahmad R/O Village- Panwari Mathiya, P.S.- Sikarahatta, District- Bhojpur Ara ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Primary Education, Patna

3. The District Education Officer, Bhojpur, Ara

4. The District Superintendent Of Education, Bhojpur, Ara

5. Block Development Officer, Block-Tarari, District- Bhojpur, Ara

6. Block Education Extension Officer Tarari Block, District- Bhojpur, Ara

7. The Member, District Teacher Employment Appellate Tribunal Ara, Bhojpur

8. Gram Panchayat Panwari Through Mukhiya Panwari Gram Panchayat, P.S.- Tarari, District- Bhojpur, Ara

9. Panchayat Secretary Panwari Gram Panchayat, Block- Tarari, DistrictBhojpur, Ara

10. Md. Alimuddin S/O Md. Wakil R/O Village- Sikarahatta Khurd, P.S.- Sikarahatta, District- Bhojpur, Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiva Ranjan, Advocate For the Respondent/s :

Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that the order of the Tribunal has lost significance in view of the fact that respondent no.10 Md. Alimuddin has joined as teacher in another block and he is no more a contestant in the present writ application. There is no conflict of interest then there is no opposition to the appointment of this petitioner. If this is the factual position, then the petitioner would be at liberty to agitate

Patna High Court CWJC No.22925 of 2012(6) dt.20-11-2018 2/2 the matter before the District Programme Officer (Establishment), Bhojpur at Ara who shall enquire into the matter and if it is found that there is no claimant including the respondent no.10 against the appointment of the petitioner, the District Programme Officer (Establishment), Bhojpur at Ara shall examine the case of the petitioner sympathetically and pass appropriate order considering the case of the petitioner particularly in view of the fact that by virtue of interim stay, the petitioner is still continuing.

With the aforesaid liberty, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U