Manoj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11286 of 2019 ====================================================== Manoj Kumar Pandey Son of Shri Shambhu Nath Pandey @ Malik Pandey Resident of Village- Khutiya Indu, Post Office- Chariayan Bandh, Police Station- Majhaulia, District- West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

The District Magistrate, West Champaran.

5.

The District Education Officer, District- West Champaran. 6.

The District Programme Officer, District- West Champaran. 7.

The Block Development Officer, Majhauliya, District- West Champaran. 8.

The Block Education Officer, Majhauliya, District- West Champaran. 9.

Mukhiya, Village- Gram Panchayat- Barwa Semraghat, PrakhandMajhauliya, District- West Champaran. 10.

Panchayat Sachiv, Village- Gram Panchayat- Barwa Semraghat, PrakhandMajhauliya, District- West Champaran. 11.

Ataul Haque Son of Raisul Aajam Village- Bhagari, Post Office and Police Station- Majhauliya, District- West Champaran. 12.

Ram Vijay Sharma Son of Shri Om Prakash Sharma Village and Post OfficeSikarpur, P.S.- Majhauliya, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Respondent/s :

Mr. Madanjeet Kumar, G.P.-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner, learned counsel for the private respondents and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:

Patna High Court CWJC No.11286 of 2019(7) dt.24-06-2024 2/3 (i) For quashing of order dated 27.03.2019 passed in Case No. Appeal/424/2017 and other analogous case, so far as it relates to the petitioner and also for quashing the order dated 18.12.2012 (Memo No. 399) passed by the District Teacher Employment Appellate Authority, West Champaran in the Case No. 19 of 2012 to the extent the same relates to the present petitioner and direct the authorities to select the petitioner on the post of Panchayat teacher in Gram Panchayat Barwa Semraghat, BlockMajhaulia, District-West Champaran. (ii) For any other relief for which the petitioner is entitled for in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner had earlier participated in the first counseling dated 28.02.2009 but he was not made party and the counseling was cancelled without hearing him. He further submits that the District Teachers Employment Appellate Authority, West Champaran and State Appellate Authority failed to appreciate that the so called counseling dated 12.04.2012 was done without giving any notices to the candidates in which the petitioner was not turned up on the counseling.

4. Considering the facts available on record and the

Patna High Court CWJC No.11286 of 2019(7) dt.24-06-2024 3/3 impugned order as well as the submission of the learned counsel for the parties, I find that there is no illegality in the order passed by the District Teachers Employment Appellate Authority, West Champaran and State Appellate Authority.

5. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) devendra/- U