Patna High Court - Orders
Punyanand Yadav & Anr vs The State Of Bihar & Ors on 6 September, 2012
Bench: Chief Justice, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.4 of 2012
In
Civil Writ Jurisdiction Case No. 15737 of 2009
With
Interlocutory Application No. 36 of 2012
And
Interlocutory Application No. 4598 of 2012
In
Letters Patent Appeal No.4 of 2012
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1. Punyanand Yadav S/o Late Sevilal Yadav R/o Village- Mirdaul, P.S.-
Narpatganj, District- Araria
2. Md. Moinuddin S/o S.K. Sadik R/o Village- Fatehpur, P.S.- Narpatganj,
District- Araria .... .... writ petitioners/appellant/s
Versus
1. The State of Bihar
2. District Teachers Appointment Appellate Authority, Araria through its
Member
3. Secretary, Department of Education, Govt. of Bihar, Patna
4. Regional Deputy Director of Education, Purnea
5. District Magistrate, Araria
6. District Superintendent of Education, Araria
7. Block Development Officer, Narpatganj Block, District- Araria
8. Gokhalpur Gram Panchayat Block Narpatganj, District- Araria, through
its Secretary i.e Panchayat, Gokhlapur Gram Panchayat
9. Panchayat Secretary Gokhlapur Gram Panchayat, Block - Narpatganj,
District- Araria
10. Mukhia, Gokhlapur Gram Panchayat, Block- Narpatganj, District-
Araria
11. Member, Panchayat Samittee Gokhlapur, Narpatganj, District - Araria,
Namely Shail Kumari Devi
12. Dinesh Choudhary, the then District Superintendent of Education,
Araria at Present Posted as District Superintendent of Education, Munger
13. Md. Kasaual C/o Block Development Officer, Jokihat Anchal, P.S.-
Jokihat, District- Araria
14. Kumar Vijay S/o Sri Krishna Mohan Yadav R/o Village- Ramghat
Kokapur, P.S.- Narpatganj, District- Araria
2 Patna High Court LPA No.4 of 2012 (9) dt.06-09-2012
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15. Manjarul islam S/o Abdul Sattar R/o Village- Gokhlapur, P.S.-
Narpatganj, District- Araria
16. Radha Kumari D/o Bhupendra Yadav R/o Village- Ghibaha, P.S.-
Chhatipur, District- Supaul
17. Pramod Kumar Singh S/o Sukhdeo Prasad Singh R/o Village- Mirdaul,
P.S.- Narpatganj, District- Araria
18. Harideo Ram S/o Bangali Ram R/o Village- Gokhlapur, P.S.-
Narpatganj, District- Araria
19. Subnam Ara W/o Md. Mozahid R/o Village- Belsandi, P.S.-
Narpatganj, District- Araria
20. Mini Kumari D/o Birendra Kumar Sah R/o Village- Achitnagar, P.S.-
Narpatganj, District- Araria
21. Anju Anmol W/o Anmol Paswan R/o Village- Gokhlapur, P.S.-
Narpatganj, District- Araria
22. Rekha Kumari D/o Ramdeo Yadav R/o Village- not Known to the
Appellants .........Respondents/Appellants 1st Set.
23. Ravindra Kumar Singh S/o Sri Sudhir Prasad Singh R/o Village-
Achitnagar, P.S.- Narpatganj, District- Araria
24. Bibi Akbari Khatoon W/o Md. Mahfooz R/o Village- Gokhlapur, P.S.-
Narpatganj, District- Araria
25. Pushpa Devi W/o Pramod Kumar Mahto R/o Village- Pithaura, P.S.-
Narpatganj, District- Araria
26. Yasmin Sultana W/o Mozahid Alam R/o Village- Goklapur, P.S.-
Narpatganj, District- Araria
27. Tohfa Tarranum W/o Akram Rahmani R/o Village- Gaira, P.S.- Araria,
District- Araria
28. Nutan Kumari W/o Ramanand Mahlal R/o Village- Dumaria, P.S.-
Narpatganj, District- Araria.
.... .... Rrespondents/Appellants 2nd Set
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur and
Mr. Md.Imteyaz Ahmad, Advocates.
For the State : Mrs. Nivedita Nirvikar, GP 3.
For the Respondent. : Mr. Anil Prasad Singh and
Mr. Anil Kumar Sinha, Advocates.
3 Patna High Court LPA No.4 of 2012 (9) dt.06-09-2012
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For the Intervenor : Mr. Dudhnath Singh, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 06-09-2012Feeling aggrieved by the common judgment and order dated 22nd September 2011 passed by the learned single Judge in a group of writ petitions, the petitioners in C.W.J.C No. 15737 of 2009 have preferred this Appeal under Clause 10 of the Letters Patent.
The matter at dispute is the selection and appointment of Panchayat Teachers under the Gram Panchayat Raj-Gokhalapur, Block-Narpatganj, District-Araria. The appointment of the appellants and others as Panchayat Teachers made in 2007 was questioned before the District Teacher Employment Appellate Authority, Araria (hereinafter referred to as 'the Appellate Authority'), in case No. 2 of 2008. By the judgment and order dated 8th October 2009, the Appellate Authority recorded the findings, that two separate sets of selected candidates were prepared and appointment were made by the two authorities, namely, one by the Panchayat Secretary and the other by the husband of the Mukhiya.
In view of the above controversy, the Appellate Authority directed that the two lists be amalgamated, counselling be made afresh and fresh appointment be made. The said order was challenged before the learned single Judge in above C.W.J.C No. 15737 of 2009 and in C.W.J.C Nos. 5983 of 2008 and C.W.J.C No. 13764 of 2009 by some of the applicants. The 4 Patna High Court LPA No.4 of 2012 (9) dt.06-09-2012 4/5 learned single Judge has upheld the order of the Appellate Authority and has directed that the fresh selection be made from amongst 168 +55 applicants and no fresh applications be entertained. Therefore, this Appeal.
This Appeal has been preferred by the writ petitioners in C.W.J.C Nos. 15737 of 2009. We are informed at the bar that all other private parties in the above group of petitions are impleaded as the respondents.
We have heard the learned advocates. It cannot be gainsaid that the selection of the Panchayat Teachers made by the Gram Panchayat Raj-Gokhalapur was not in accordance with law as recorded by the Appellate Authority. The husband of the Mukhiya of the Gram Panchayat was unduly interested and has played a pivotal role in the recruitment process. Evidently, the selection process is tainted; and may be, made on extraneous consideration also.
In our considered view, the tainted selection process cannot be sustained.
We, therefore, partly allow this Appeal. The impugned judgment and order made by the learned single Judge is modified to the extent that the Gram Panchayat Raj- Gokhalapur District-Araria will conduct the selection process for appointment of Panchayat Teachers afresh right from the advertisement and in accordance with the prevalent rules. The process will be initiated within two months from today and will be completed preferably within three months from the date of the publication of the advertisement.
Letters Patent Appeal and Interlocutory Application stand disposed of in the above terms.
5 Patna High Court LPA No.4 of 2012 (9) dt.06-09-2012 5/5Registry will send copy of this order to the respondent nos. 6, 9 and 10.
Learned advocate Mr. Anil Kumar Sinha has appeared for the respondent-Teachers. He has submitted that pursuant to the order of the learned single Judge, recounselling has been made and appointment of 9 Panchayat Teachers has been made on 22nd September 2011.
It is further directed that in case the respondents have, in compliance with the order of the learned single Judge, conducted the fresh counselling and made fresh appointment of Panchayat Teachers, such appointment will be adhoc and will continue till fresh appointments are made pursuant to the fresh selection process conducted under this order. The aforesaid Panchayat Teachers will be continued in service till the selection process is conducted afresh and fresh appointments are made.
We may also note that the applicants from the earlier list will also be at liberty to apply pursuant to the fresh selection process, if they are otherwise eligible.
(R.M. Doshit, CJ) (Ahsanuddin Amanullah, J) Prakash/-