Shamshad Anwar @ Md. Shamshad Anwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17052 of 2018 ====================================================== Shamshad Anwar @ Md. Shamshad Anwar S/o Hakim Anwar, R/o VillageMaksudpur, P.O. and Block- Aurai, District- Muzaffarpur was working as Talimi Markaj Siksha Swamsevi in Primary School, Alampur Simri, Aurai District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Education Department, Bihar, Patna. 3.

The Director, Public Education, Bihar, Patna. 4.

The Collector, Muzaffarpur.

5.

The District Education Officer, Literacy Muzaffarpur. 6.

The District Program Officer, Secondary Education and Literacy, Muzaffarpur.

7.

The Block Education Officer, Aurai, Muzaffarpur. 8.

The Headmaster cum Member Secretary, Selection/Steering Committee, Primary School, Alampur Simri, A ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj For the Respondent/s :

Mr.Jitendra Kr. Roy 1- Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the order contained in Annexure-P1 whereby service of the petitioner was dispensed with.

Learned counsel for the petitioner submits that before taking decision, the respondents have considered report of the

Patna High Court CWJC No.17052 of 2018(3) dt.23-08-2019 2/3 enquiry committee. The enquiry committee enquired into the matter and submitted report indicating the fault in the selection of the petitioner that necessary seven days time was not provided in inviting the application.

Learned counsel for the petitioner has drawn attention of this court to Annexure-2 at page 18, it appears that District Programme Officer(Literacy), Muzaffarpur has issued guideline for selection of Talim Markaz. For constitution of selection committee and inviting application 1.12.2014 was fixed and the last dated for submission of application was 4.12.2014 which was strictly followed by the selection unit notwithstanding adhering to the guideline issued by the District Programme Officer (Literacy), Muzaffarpur, the petitioner was dismissed on the ground that seven days time was not followed in the matter of inviting the application and as such they have found the appointment of the petitioner illegal and condemned the petitioner on that basis.

Considering the guideline issued by the District Programme Officer, Muzaffarpur the Court is of the view that the selection of the petitioner cannot be faulted on the ground that seven days time was not followed in the process of inviting application. The decision to dismiss the petitioner on the

Patna High Court CWJC No.17052 of 2018(3) dt.23-08-2019 3/3 ground of aforesaid infirmity cannot sustain as it is contrary to the Annexure-2.

In view of the above, the order contained in Annexure -P1 is quashed. The writ petition is allowed accordingly. (Anil Kumar Upadhyay, J) Ravi/- U