Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8542 of 2022 ====================================================== Krishna Kumar Son of Late Sitaram Singh, resident of Village- Kapurdihara, P.S. - Tarari, District- Bhojpur.

... ... Petitioner/s

Versus

1.

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

2.

The Director (Primary Education) Education Department, Govt. of Bihar, Patna.

3.

The District Collector, Bhojpur, (Ara).

4.

The District Education Officer, Bhojpur, (Ara). 5.

The District Programme Officer (Establishment), Bhojpur, (Ara). 6.

The Block Development Officer, Trari, District - Bhojpur (Ara). 7.

The Block Education Officer, Tarari, Bhojpur. 8.

The Panchayat Secretary, Gram Panchayat, Bhakura, Block - Tarari, District - Bhojpur.

9.

The Mukhiya Gram Panchayat, Bhakura, Block - Tarari, District - Bhojpur 10.

Raj Ranjan Rajesh Son of Shatrughan Prasad Singh resident of Village - Hatnathdih, P.S. - Tarari, District - Bhojpur. 11.

Arun Kumar Singh Son of Sitaram Singh, resident of Village - West English, P.S.- Imadpur, District- Bhojpur.

12.

Kripa Shankar son of Sri Rajendra Prasad Rai resident of Village Sorfora, P.S.- Tarari, District- Bhojpur.

13.

Khushbu Kumari daughter of Sri Shgam Bihari Paswan, resident of Village Dhamana, P.S.- Tarari, District- Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayashankar Mishra, Adv.

For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 29-06-2022 Heard the parties.

The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and

Patna High Court CWJC No.8542 of 2022(2) dt.29-06-2022 2/3 also remove all the defects pointed out by the Registry within two weeks from today.

The petitioner by way of this writ petition assails the order passed by the State Appellate Authority dated 28.08.2019 as well as the orders passed by the District Teachers Employment Appellate Authority dated 15.06.2015, whereby the appellants appeal was rejected and the order of the District Teachers Employment Appellate Authority was upheld. Learned counsel submits that both the authorities have committed error while recording its findings and it is a case where the name of the petitioners were also sent and were found to be in the merit list, while both the authorities have wrongfully held that the petitioner did not participate in the selection process.

I have considered the submission, the District Teachers Employment Appellate Authority and the State Appellate Authority are bodies incorporated under the Rules framed by the Bihar State Government for adjudicating disputes relating to selection and service matters of teachers. Both the authorities have the power to examine the factual aspects in which jurisdiction under Article 227 of the Constitution, this Court would not enter into the factual disputes and examine the

Patna High Court CWJC No.8542 of 2022(2) dt.29-06-2022 3/3 findings of fact arrived at by the District Teachers Employment Appellate Authority and the State Appellate, who have both reached to a common conclusion that the petitioner never participated in the selection process and he was not applicant, who had applied for the said post in the concerned District. Keeping in view the aforesaid factual findings of the authorities concerned, no interference is warranted by this Court.

The writ petition is devoid of merit and accordingly dismissed.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 14 U