Ramanand Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.961 of 2014 IN Civil Writ Jurisdiction Case No. 14611 of 2013 =========================================================== Rama Nand Ram, son of Dukhan Ram, resident of village- Leva Bandh, P.S.- Karamchat, District- Kaimur (Bhabua) .... .... Appellant/s
Versus
1. The State of Bihar through Principal Secretary, Human Resources Department, Primary Education, Govt. of Bihar, Patna
2. Director, Primary Education, Govt. of Bihar, Patna
3. District Teacher Employment Appellate Tribunal, Kaimur at Bhabua
4. District Education Officer, Kaimur at Bhabua
5. District Superintendent of Education, Kaimur at Bhabua
6. Block Education Extension Officer, Rampur, Kaimur.
7. The Panchayat Secretary, Gram Panchayat Raj, Amaon, Block Rampur, District- Kaimur (Bhabua)
8. The Mukhiya, Gram Panchayat Raj, Amaon, Block Rampur, District- Kaimur (Bhabua)
9. Ashok Kumar, son of Marchayee Ram, resident of village + P.O. Amaon, P.S.- Karamchat, District- Kaimur at Bhabua
10. Munna Paswan, son of Chhatu Paswan, resident of village + P.O. Amaon, P.S.- Karamchat, District- Kaimur at Bhabua .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Rajesh Kumar Mr. Vinod Kumar Seth For the Respondent-9 : Mr. Ram Naresh Sharma For the Respondent-10:
Mr. Jitendra Kumar Pandey For the State :
Mr. Mrigendra Kumar, AC to GA-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 04-04-2017 Heard learned counsel for the appellant, learned counsel for the private-respondent nos. 9 and 10 as well as the State.
With concurrent finding of facts, both by the District Teachers Employment Appellate Tribunal as well as the Learned
Patna High Court LPA No.961 of 2014 dt.04-04-2017 2/2 Single Judge with regard to the status and position of the present appellant, who is less meritorious than all the candidates, who were appointed, the Learned Single Judge did no illegality by not interfering with the order of the District Teachers Employment Appellate Tribunal and ensuring that the non-deserving person managed to get appointed as a Panchayat Teacher, who has been ousted for extraneous reason.
Counsel for private-respondent no. 10 has got evidence on record to show that this appellant has multiple marksheets with regard to standard 10 and 12, both for the same year as well as with the same enrollment number. That by itself also shows that even his educational qualification, based on which he is trying to claim benefit, is not beyond controversy.
However, nothing is required to be said about that aspect of the matter. Order of the Learned Single Judge has held the findings of fact by the Tribunal in order and so refused to interfere rightly.
Appeal is dismissed, accordingly.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.
CAV DATE Uploading Date 07.04.2017 Transmission Date