Patna High Court - Orders
Bibi Khurshida Khatoon vs The State Of Bihar & Ors on 1 March, 2012
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
Patna High Court CWJC No.12486 of 2011 (2) dt.01-03-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12486 of 2011
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1. Bibi Khurshida Khatoon W/O Md. Shamsul Haque R/O Vill.- Jaju, P.S.-
Dhoraiya, Distt.- Banka
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary Department Of
Human Resources Development, Govt. Of Bihar, Patna
2. The Director Primary Education, Govt. Of Bihar, Patna
3. The District Superintendent Of Education-Cum-Programme Co-Ordinator
Banka
4. The Block Education Extension Officer Dhoraiya, Banka
5. The Mukhiya Gram Panchayat, Jaipur, Dhoraiya, Banka
6. The Panchayat Secretary Gram Panchayat, Jaipur, Dhoraiya, Distt.-
Banka
7. The Headmaster Urdu Primary School Tetaria, P.S.- Dhoraiya, Distt.-
Banka
8. Bibi Taquma Khatoon W/O Iftekhar Alam Panchayat Teacher, Urdu
Primary School, Tetaria, P.S.- Dhoraiya, Distt.- Banka
9. The Member District Teachers Employment Appellate Authority, Banka
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda
For the Respondent/s : Mr. Sunil Kr. Mandal Sc24
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
TRIPATHI
ORAL ORDER
2 01-03-2012The crux of the matter on which the present dispute is required to be answered is whether the production of evidence by the petitioner that private respondent no. 8, namely, Bibi Taquma Khatoon is a resident of Godda in the State of Jharkhand or she is a resident of Banka in the State of Bihar because if she is resident of Godda, State of Jharkhand, she has no eligibility for appointment as a Panchayat teacher.
While going through the impugned order of the Patna High Court CWJC No.12486 of 2011 (2) dt.01-03-2012 Appellate Authority contained in annexure-10, there is discussion; especially at page 31 of the writ application in second paragraph of the order that the petitioner had produced a voter list to prove her allegation. However, entry in the name on the voter list has been explained by the private respondent as not relating to her because of the difference in name. Not only that she produced two certificates issued by the Sub-divisional Magistrate, Banka which are residential and caste certificates issued by him to establish her claim that she is actually resident of Banka and not Godda as alleged. With such authentic kind of documents having been produced on behalf of private respondent, the Appellate Authority has done no wrong in not interfering with her appointment on the ground of residence.
So long as those documents remain in existence and are not withdrawn by the competent authority, petitioner may not have a good case for interference, muchless with the order of the Appellate Authority contained in annexure-10.
No interference is warranted with the said order. This writ application is dismissed.
(Ajay Kumar Tripathi, J) Amin/-