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Rinku Kumari vs The State Of Bihar & Ors on 29 August, 2014

Bench: Chief Justice, Ashwani Kumar Singh

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Letters Patent Appeal No.768 of 2012
                                     In
               Civil Writ Jurisdiction Case No.5535 of 2012
======================================================
Rinku Kumari, W/O Shree Rajeev Kumar Rai, R/O Village + Post-
Sarairanjan Dih, P.S.- Sarairanjan, District- Samastipur.
                                               .... ....    Petitioner-Appellant
                                   Versus
1. The State of Bihar through the Principal Secretary, Department of Human
Resources and Development, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Samastipur.
3. The District Superintendent of Education, Samastipur.
4. The Block Development Officer, Sarai Ranjan, Block- Samastipur
5. The Block Education Extension Officer,              Block- Sarai Ranjan,
Samastipur.
6. The Head Master, Primary School Sherpur Narsarai, Block- Sarai Ranjan,
Samastipur.
7. The Panchayat Secretary, Gram Panchayat Raj, Sarai Ranjan Purvi,
Samastipur.
8. The Mukhia, Gram Panchayat Raj Sarai Ranjan Purvi, Block-Sarai
Ranjan, Samastipur.
9. The Members, District Teachers Appointment Appellate Authority,
Samastipur .
10. Kumari Bibha W/O Shree Nevash Prasad Singh, R/O Village- Sherpur
Narsarai, P.O.- Barbara, Block- Sarai Ranjan, District- Samastipur.
11. Md. Rasid, S/O Md. Akhlakh, R/O Village- Aadharpur, Via- Tajpur,
District- Samastipur.
                                            .... .... Respodents-Respondents
======================================================
Appearance :
For the Appellant/s      :    Mr. Binit Kumar, Advocate
                              Mr. Pankaj Kumar, Advocate
For the Respondent/s      :   None
======================================================
           Patna High Court LPA No.768 of 2012 (2) dt.29-08-2014

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                       CORAM: HONOURABLE THE CHIEF JUSTICE
                                   And
                                   HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                       ORAL ORDER
                       (Per: HONOURABLE THE CHIEF JUSTICE)


2       29-08-2014

This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the order dated 26th March 2012 made by the learned single Judge in CWJC No.5535 of 2012.

The matter at dispute is the appointment of Panchayat Teacher under the respondent Gram Panchayat Sarairanjan Purbi, Block Sarairanjan, District-Samastipur. The District Teachers Employment Appellate Authority under its order dated 18th August 2010 recorded a clear finding that the selection made by the Selection Committee was set aside by the Block Development Officer. The Block Development Officer cancelled the appointments made pursuant to the said selection and made appointments afresh including that of the appellant. The aforesaid finding has been affirmed by the learned single Judge. Evidently, the appointment of the appellant was made by the Block Development Officer without the authority of law.

No case for interference is made out.

Appeal is dismissed in limine.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-

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