Dayanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25099 of 2013 ====================================================== Dayanand Singh Son Of Late Ravindra Singh Resident Of Village- Baghi Ekdara, P.O.- Bagahi, P.S.- Samastipur (Mufassil), District- Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Education Department, Government Of Bihar, Patna

2. The Director, Primary Education, Education Department, Government Of Bihar, Patna

3. The Member, District Teacher Employment Appellate Authority, Samastipur, District- Samastipur

4. The District Magistrate, Samastipur, District- Samastipur

5. The District Education Officer, Samastipur, District- Samastipur

6. The District Programme Officer, Establishment, Samastipur

7. The Block Education Officer, Sarairanjan, District- Samastipur

8. The Panchayat Secretary, Gram Panchayat Raj- Narghoghi, BlockSarairanjan, District- Samastipur

9. The Mukhiya, Gram Panchayat Raj- Narghoghi, Block- Sarairanjan, District- Samastipur

10. Abhay Kumar Jha Son Of Sri Ram Krishna Jha R/O Village- Jhakhra, P.O.- Jhakhra, P.S.- Sarairanjan, District- Samastipur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Mrityunjay Kumar For the Respondent/s : Mr. Kumar Priyaranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is claiming that private respondent No.10 has been appointed on the strength of forged experience certificate.

As it appears that the petitioner on the direction of this Court passed in C.W.J.C. No.11775 of 2012 approached

Patna High Court CWJC No.25099 of 2013 (2) dt.22-04-2016 2/2 the Director, Primary Education, who has disposed of the representation of the petitioner recorded therein that Shri Abhay Kumar Jha has obtained the appointment on the basis of forged experience certificate.

The Director, Primary Education, is not the competent authority to adjudicate the dispute relating to the appointment of Panchayat Teacher as the Bihar Panchayat Primary Teachers Appointment and Condition of Service has provided a forum of appeal for adjudication of the dispute relating to the appointment of Panchayat Teacher.

The petitioner, if so advised, may approach the Appellate Authority for adjudication of the dispute. The Appellate Authority shall decide the case of the petitioner vis-a-vis Abhay Kumar Jha within a period of six months from the date of filing of appeal after giving due notice to Abhay Kumar Jha. It goes without saying that the Director, Primary Education, will pass the order in accordance with law.

With the aforesaid observations and directions, this petition is disposed of.

(Shivaji Pandey, J) pawan/- U