Md. Tarique Anwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5368 of 2013 ======================================================

1. Md. Tarique Anwar S/O Late Israrul Haque R/O Village- Bharsia, P.S.- Falka, District- Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner-Cum-Secretary Education Department, Govt. Of Bihar, Patna

3. The Director (Primary Education), Government Of Bihar, Patna

4. The District Magistrate, Katihar

5. The Deputy Development Commissioner, Katihar

6. The District Education Officer, Katihar

7. The Member, District Teachers Appointment Appellate Tribunal, Katihar

8. The Sub-Divisional Education Officer, Katihar

9. The Block Development Officer, Block- Falka, District- Katihar

10. The Block Development Extension Officer, Block- Falka, DistrictKatihar

11. The Mukhiya, Gram Panchayat Raj Bharsia, P.S. And Block- Falka, District- Katihar

12. The Secretary Gram Panchayat Raj Bharsia, P.S. And Block- Falka, District- Katihar

13. Md. Zubair Alam S/O Md. Taslim R/O Village- Mohammadnagar, P.S. And Block- Falka, District- Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abdul Wadood, Adv. For the Respondent/s : Ms. Ratna Kumari, A.C. to S.C. - 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is seeking relief for giving direction to dispose of the case filed by the petitioner being Appeal No. 2063/2010 as the same is pending for last five years.

Patna High Court CWJC No.5368 of 2013 (2) dt.19-01-2016 2/3 As per the claim of the petitioner, the petitioner had applied for the post of Panchayat teacher as a general candidate for Bharsia Gram Panchayat. The petitioner has secured the marks of 64.11% in the intermediate. The petitioner appeared in the counseling and his name was placed at 12th position of the amended merit list. A separate panel of Urdu teacher was prepared, whereas there was no post of the Urdu teacher in that gram panchayat, all the post was meant for the general subject, but in utter disregard of the circular of the State Government, the persons from the panel of Urdu teacher namely Respondent No. - 13 has been appointed in the general subject as he applied for Urdu teacher, as the private respondent 13 holds the educational certificate is of Urdu subject.

He submits that the appointment of respondent no. 13 has been challenged vide appeal no. 2063/2010, the same is awaiting for the adjudication but the appellate authority, instead of deciding the case is only adjourning the case from time to time, and finally not taken any decision one way or the other, makes a prayer for early disposal by the Appellate Tribunal. State counsel submits that he has no objection that the appeal filed by the petitioner be disposed off at the earliest as long time has already lapsed, in such view of matter the tribunal is

Patna High Court CWJC No.5368 of 2013 (2) dt.19-01-2016 3/3 directed to dispose of the appeal of the complaint vide appeal no. 2063/2010 within the period of six months from the date of production or receipt of this order. Accordingly this petition is disposed of.

(Shivaji Pandey, J.) Vinita/- U T