Gopal Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18963 of 2010 ====================================================== Gopal Kumar S/O Lakshmi Narayan Mahto R/O Vill.-Veluchak-Katrahiya, P.O.-Kabirchak, P.S. Town, Distt.-Darbhanga.

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary Human Resource Development Department, (Primary Education), Govt. Of Bihar, Patna.

3. The District Superintendent Education Officer, Distt.-Darbhanga.

4. The Block Development Officer Bahadurpur, Distt.-Darbhanga.

5. The Panchayat Secretary, Gram Panchayat Raj Bajitpur, BlockBahadurpur, Distt.-Darbhanga.

6. The Mukhiya, Gram Panchayat Raj Bajitpur, Block-Bahadurpur, Distt.- Darbhanga.

7. The Presiding Officer District Teachers Appellate Tribunal Darbhanga.

8. Sunil Kumar Paswan S/O Shivaji Paswan R/O Vill.Raghepura, P.O.Laheriya Sarai, Distt. Darbhanga.

9. Dilip Kumar Paswan S/O Ram Bahadur Paswan R/O Vill. Dih-Chhaprar, P..Milkichak, Distt. Darbhanga.

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

For the Petitioner/s : Mr. Amarendra Narayan For the Respondent/s : Mr. (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-01-2015 Heard the parties.

The petitioner raised a grievance before the District Teacher Employment Appellate Authority, Darbhanga (for short 'the Authority') about his non selection as Panchayat Teacher in the second and the third phase(s) of recruitment. The Authority considered the said grievance of the petitioner in Case No. 494/09 and rejected vide order dated 31.08.2010 (Annexure-12) which has been challenged in the present writ application. From perusal of the order it appears that the petitioner was an applicant for the post under the S.C. category having obtained 70.66% marks.

Patna High Court CWJC No.18963 of 2010 (3) dt.08-01-2015 2 / 2 While the process was undergoing, he did not turn up and as such no selection of any candidate under the said category was made, although the writ petitioner figured in the merit list. In such circumstances, in the third phase of selection process undergone by the Selection Committee of the Gram Panchayat Dilip Kr. Paswan (respondent no.9) who was also an applicant for the said post, was selected and appointed. The Authority in the order noticed that Panchayat Secretary had taken a stand before him that all original documents pertaining to the petitioner were already received by him. In other words, the petitioner was no longer interested in selection/appointment in the said Panchayat. It further appears that on the date fixed for filing of the consent letter and production of the documents for verification the petitioner has not turned up. There may be diverse reasons therefor.

Counsel for the petitioner has not been able to demonstrate any patent illegality in the order meriting interference.

The application is dismissed.

(Kishore Kumar Mandal, J) HR/- U