Patna High CourtCWJC/6128/2011disposed

Madan Kumar v. The State Of Bihar And ORS

2018-07-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6128 of 2011 ====================================================== Madan Kumar R/O Mohalla - Radhaur, P.S. - Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Human Resource Development, Government Of Bihar, Patna

2. The District Education Superintendent, Sitamarhi

3. The Appellate Authority, District Teachers Appointment, Sitamarhi

4. The Panchayat Sachiva, Barti Phulwaria Panchayat, Bajpatti, Sitamarhi

5. Shri Jay Kishore Thakur, R/O Village + Post Office - Vajitpur, P.S. - Bajpati, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. R.K.Verma (Sc27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 On 09.07.2018 the Court has noted that the counsel for the petitioner conducting the case, after obtaining interim order on 06.04.2011 in the nature of stay of impugned order dated 15.03.2011, Annexure-1, is not interested in the instant case.

The present writ application has been filed against the decision of the District Teachers Employment Appellate Authority in case No. 05 of 2011. The said decision was passed after hearing the parties. The Appellate Authority has taken into consideration that this petitioner was untrained and the trained candidate was preferred in the matter of appointment. The tribunal considering the factual aspects has held out that the

Patna High Court CWJC No.6128 of 2011(5) dt.10-07-2018 2/2 appointment of the petitioners as teacher was illegal and as such cancelled the appointment.

Considering the discussion in the order of the District Teachers Employment Appellate Authority, Annexure-1, the Court does not find any error.

Accordingly, the writ petition is dismissed.

The interim order 06.05.2011 is merged in this final order.

(Anil Kumar Upadhyay, J) spandey/- U