Md.Taufique Ahmed Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17413 of 2011 =========================================================== Md. Taufique Ahmed Ansari Aged About 23 Years S/O Md. Taslim Ansari At.- Khardih , P.O. Khardih , P.S.- Sikandra , Block - Sikandra , District - Jamui , Bihar. .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Govt . of Bihar, Patna.

3. The District Magistrate, Jamui.

4. The District Superintendent of Education, Jamui.

5. The Member, District Teacher Appellate Authority, Jamui.

6. The Block Development Officer, Sikandra, Jamui.

7. The Block Extension Education Officer, Sikandara, Jamui.

8. The Mukhiya, Gram Panchayat Raj Khardih ,P.O.- Khardih , P.S. + Block - Sikandra , Jamui.

9. The Panchayat Secretary, Gram Panchayat, Raj Khardih, P.O. Khardih, P.S + Block - Sikandra, Jamui.

10. Jawed Eqbal Ansari S/O Riyasat Hussain, Vill - Khardih Post - Khardih , P.S.- Sikandra , Dist- Jamui.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Pravesh Pandey, Advocate For respondent no. 10 : Mr. Arun Kumar, Advocate For the State : Mr. A. K. Dubey, AC to AAG-11 For respondent no.8 : Mr. Ram Vinay Pd. Sinha @ Sanjay, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date: 16-12-2016 Heard learned counsel for the petitioner, AC to AAG11 representing respondent nos.1 to 7, respondent no.8 and respondent no.10.

The present writ application has been filed for quashing of the order contained in Memo No.287, dated 22.06.2011 passed by the District Teacher Appellate Authority, Jamui, in Case

Patna High Court CWJC No.17413 of 2011 dt.16-12-2016 2/3 No.429/2010 where by the petitioner's claim for being appointed as Panchayat Urdu Teacher and cancelling the appointment of respondent no.10, who has lesser marks than the petitioner has been rejected. The prayer has also been made for a direction for appointment of the petitioner on the post of Panchayat Urdu Teacher with all consequential benefits.

Since the matter relates to appointment of Panchayat Teacher and this Court has been informed that the Bihar State Teachers Appellate Authority has started functioning, this writ application is disposed of with a liberty to the petitioner to file appeal before the State Appellate Authority within four weeks. In view of the fact that the petitioner is pursuing the remedy before this Court as this writ application is pending since 2011 and both sides including respondent no.10 agreed not to raise the issue of limitation before the Appellate Authority, it is expected from the Appellate Authority to decide the matter expeditiously on merit in accordance with law without allowing the parties to raise the issue of limitation provided the appeal is filed within a period of four weeks from the date of receipt production of a copy of this order.

However, the petitioner will file limitation petition for condonation of delay and on filing of the same the Appellate

Patna High Court CWJC No.17413 of 2011 dt.16-12-2016 3/3 Authority will pass appropriate order in view of the fact that the writ application is pending before this Court since 2011 and both sides including respondent no.10 have agreed not to raise objection with regard to limitation.

Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR NAFR CAV DATE Uploading Date 20.12.2016 Transmission Date