Patna High CourtCWJC/7119/2014dismissed

Rakesh Kumar Tiwari v. The State Of Bihar And ORS

2016-03-31Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7119 of 2014 ===========================================================

1. Rakesh Kumar Tiwari Son of Sri Dhrup Nath Tiwari Resident of Village - Sendurkha, P.O. Sohilpati, P.S. Basantpur, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar, through the Secretary, Primary Education Department, Government of BIhar, Patna

2. The Director Primary Education Department, Bihar, Patna

3. The District Education officer ( D.E.O. ), Siwan

4. The District Magistrate ( D.M. ), Siwan, District Siwan

5. The District Programme officer (D.P.O. ), Siwan, District - Siwan

6. The Block Education officer ( B.E.O. ), Basantpur ( Siwan ), District - Siwan

7. The Mukhiya Panchayat, Rajapur, District - Siwan

8. The Panchayat Secretary From Panchayat, Rajapur, District - Siwan

9. Brajesh Narayan Singh @ Brajesh Kumar Singh Son of Sri Ram Pukar Singh Resident of village - Balathara, P.S. Basantpur, District - Siwan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar For the Respondent/s : Mr. AC to GP 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 31-03-2016 Appointment relates to the vacancy in the Panchayat for the year 2006. These appointments have been done years ago. The petitioner has approached the High Court after an order was passed in favour of one Brajesh Narayan Singh to consider his case for appointment on the ground that this petitioner has more marks than the said person.

Both the grounds are unacceptable grounds and that cannot form the basis for a direction in favour of the petitioner

Patna High Court CWJC No.7119 of 2014 dt.31-03-2016 2/2 especially when he has kept silent about his right for more than 10 years since such selection process was exercised. Even otherwise there cannot be any direction for any appointment on the post of a Panchayat Teacher or otherwise of any candidate, who has not cleared or qualified in the Teacher Eligibility Test as per the prevalent Rules.

Writ application is dismissed.

(Ajay Kumar Tripathi, J) sk U