Patna High Court - Orders
Jiwan Kumar vs The State Of Bihar & Ors on 7 September, 2012
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh, Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1230 of 2012
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JIWAN KUMAR S/O AMIR KANT MANDAL R/O VILLAGE-
ARAJPUR, P.S. RUPAULI, DISTRICT- PURNEA, AT PRESENT R/O
PRABHAT COLONY, WARD NO. 31, P.S. K. HAAT, DISTRICT-
PURNEA.
.... .... APPELLANT/S
VERSUS
1. THE STATE OF BIHAR
2. THE SECRETARY, PRIMARY AND ADULT EDUCATION
DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA
4. THE DISTRICT MAGISTRATE, PURNEA
5. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-SUB-
DIVISIONAL EDUCATION OFFICER, PURNEA
6. THE DISTRICT EDUCATION OFFICER, PURNEA, DISTRICT-
PURNEA
7. THE BLOCK DEVELOPMENT OFFICER, DAGARUAWA, PURNEA
8. THE GRAMPANCHAYAT RAJ, RAMPUR, DAGARUAWA
THROUGH ITS MUKHIA
9. CHITRANJAN KUMAR S/O SHANKAR PRASAD VISHWASH R/O
VILLAGE- BELGACHI, P.S.- DAGARUWA, DISTRICT- PURNEA.
.... .... RESPONDENT/S
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Appearance :
For the Appellant/s : Mr. Sharda Nand Mishra
For the Respondent/s : Mr. Mohan Kumar Singh, AC to GP20
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CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
and
HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)
2 07-09-2012Heard learned counsel for the appellant and perused the order of the learned Writ Court whereby writ petition preferred by the appellant bearing CWJC No. 8517 of 2009 has been dismissed,
2. The Writ Court in our view has rightly not interfered with the order of District Teachers' Employment Appellate Authority, Purnea dated 6.5.2009. The facts clearly discloses that the appellant had no compunction or scruples in first claiming appointment to the post of Panchayat Teacher on the basis of a Patna High Court LPA No.1230 of 2012 (2) dt.07-09-2012 2 claim that he belonged to the caste 'Dhanuk', an extremely backward caste and subsequently as per convenience and on account of availability of vacancy in the category of backward caste, he got appointment on the basis of another caste certificate showing that he belonged to caste 'Kurmi' which was a backward caste.
3. The issue to be decided was not the real caste and category of the appellant, but his conduct. He resorted to dubious methods to seek appointment and was rightly treated to be unfit for teaching students as a teacher. Even if one of the two caste certificates is genuine the conduct of the appellant does not require any interference in the matter. The Appeal is dismissed.
(Shiva Kirti Singh, J)
Chandran (Vikash Jain, J)