Patna High CourtCWJC/7874/2014dismissed

Sanjeev Kumar Singh v. The State Of Bihar And ORS

2016-05-09Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7874 of 2014 =========================================================== Sanjeev Kumar Singh Son of Tejnarayan Singh Resident of Village - Jala, P.O. Kajhiya, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resource Development, Patna.

2. District Teacher Selection Appellate Authority, Banka.

3. Deputy Development Commissioner, Banka.

4. The District Superintendent of Education, Banka.

5. The Block Development Officer, Banka, District - Banka.

6. The Block Education Officer, Banka, District - Banka.

7. Mukhia, Gram Panchayat Kajhiya, Block - Banka, District - Banka.

8. Panchayat Sachiv, Gram Panchayat Kajhiya, Block - Banka, District - Banka. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Respondent/s : Mr. SC-2 Nawal Kishore Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-05-2016 Heard learned counsel for the petitioner and counsel for the State.

The impugned order is Annexure-15, dated 04.01.2014, passed by the District Teachers Employment Appellate Tribunal, Banka. By virtue of this order, the appeal of the petitioner has been rejected as not maintainable and misplaced.

As per the petitioner, he was a Panchayat Shiksha Mitra. His tenure or contract was extended. However, because of certain controversies created by the Panchayat in question, he did not get the benefit of becoming a Panchayat Teacher. He wants a direction

Patna High Court CWJC No.7874 of 2014 dt.09-05-2016 2/2 upon the respondents to treat him to be one.

There is no infirmity with the decision or the rational given by the District Teachers Employment Appellate Tribunal. The law is well settled even by the Division Bench of this Court that the issue with regard to any controversy relating to Panchayat Shiksha Mitra cannot be reopened and gone into. If a person was not a Panchayat Shiksha Mitra on the date the deeming provision came into play, which is 01.07.2006, no person can be ordered to be appointed as Panchayat Teacher now.

In view of the above, writ application is dismissed. (Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

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