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Patna High CourtCWJC/16351/2022disposed

Deo Narayan Mehta v. The State Of Bihar

2025-06-24Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16351 of 2022 ====================================================== Deo Narayan Mehta S/o-Prem Lal Mehta, Resident of Village-Rampur, P.O.- Sanskrit Nirmali, P.S.-Balua Bazar, Distt.-Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, education Department (Human Resources), Government of Bihar, Patna. 2.

The District Magistrate (D.M.), Supaul.

3.

The District Education Officer, Supaul.

4.

Panchayat Education Selection Committee, Nirmali Gram Panchayat, Supaul.

5.

Anuranjan Kumar Anupam S/o-Sri Laxmi Narayan Mehta, Village-Rampur, Panchayat Nirmali, P.S.-Balua Basar, Distt.-Supaul. 6.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sandesh Roy, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1 ( Sc 13 ) Mr. Hitesh Suman, AC to SC-13 For the BSEB :

Mr. P. K. Shahi, Sr. Advocate Mr. Gyan Shankar, Advocate For the Sanskrit Siksha Board:

Mr. S. S. Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 24-06-2025 Heard learned counsel for the parties.

2. By means of this writ petition the petitioner has challenged the selection and appointment of respondent No. 5 as Panchayat Teacher at Nirmali Panchayat, P.S. Balua Bazar, District-Supaul.

3. The petitioner had approached the District Appellate Authority, Supaul challenging the selection and appointment of respondent No. 5 as Panchayat Teacher at

Patna High Court CWJC No.16351 of 2022(5) dt.24-06-2025 2/3 Nirmali Panchayat, P.S. Balua Bazar, District-Supaul which was registered as Appeal No. 743 of 2009. The Appeal No. 743 of 2009 filed by the petitioner was allowed by an order dated 30.10.2010, passed by the District Appellate Authority, Supaul thereby setting aside the selection and appointment of respondent No. 5 as Panchayat Teacher.

4. The decision dated 30.10.2010 rendered in Appeal No. 743 of 2009 by the District Appellate Authority, Supaul was challenged by the respondent No. 5 in CWJC No. 418 of 2011, in which writ petition the petitioner was also added as respondent No. 12. The writ petition filed by the respondent No. 5 was allowed by an order dated 30.08.2016, whereby the order dated 30.10.2010, passed in appeal no. 743 of 2009 by the District Appellate Authority, Supaul was set aside, restoring the service of the respondent No. 5 as Panchayat Teacher.

5. Thereafter, the petitioner had filed another writ petition being CWJC No. 6900 of 2011 again challenging the selection and appointment of the respondent No. 5 as Panchayat Teacher. The said writ petition was withdrawn by the petitioner on 03.01.2019 with a liberty to challenge the order dated 30.08.2016 passed by this Court in CWJC No. 418 of 2011.

6. The petitioner now has again filed this writ petition

Patna High Court CWJC No.16351 of 2022(5) dt.24-06-2025 3/3 challenging the selection and appointment of the respondent No. 5 without challenging the order dated 30.08.2016 passed in CWJC No. 418 of 2011.

7. Under the circumstances, this writ petition is again disposed off with a liberty to the petitioner to challenge the order dated 30.08.2016 passed in CWJC No. 418 of 2011 as may be permitted under the law, if so advised. (Nani Tagia, J) Nishant/- U