Patna High Court - Orders
Vakil Shah @ Wakil Shah vs The State Of Bihar & Ors on 11 July, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.542 of 2012
In
Civil Writ Jurisdiction Case No. 3956 of 2010
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1. Vakil Shah @ Wakil Shah, Son of Ram Adhar Shah Resident of Village
Chouri P.S. Chand District Kaimur
.... .... Appellant/s
Versus
1. The State of Bihar
2. The Principal Secretary Human Resources Development Department
Government of Bihar Patna
3. The Director, Primary Education Government of Bihar Patna
4. The District Magistrate Kaimur at Bhabua
5. The District Teacher Appointment Appellate Authority District Kaimur
At Bhabhua Through Its Chairman
6. The Member District Teacher Appointment Appellate Authority District
Kaimur at Bhabhua
7. The District Superintendent of Education District Kaimur At Bhabhua
8. The Block Development Officer, Block Mohania District Kaimur at
Bhabhua
9. The Block Education Extension Officer Block Mohania District Kaimur
At Bhabhua
10. The Mukhiya, Gram Panchayat Raj Ameth Block, P.S. Mohania, Distt.
Kaimur at Bhabhua
11. The Panchayat Secretary Gram Panchayat Raj Ameth, Block + P.S.
Mohania, Distt.- Kaimur, at Bhabhua
12. Jai Prakash Singh S/O Rajeshwar Singh R/O Vill.- Dewaria, P.S.
Mohania Distt.- Kaimur at Bhabhua
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Arabind Nath Pandey, Advocate, with
Mr. Rang Nath Pandey, Advocate
For the Respondent/s : Mr. Gautam Bose, Sr. Advocate, AAG 8, with
Mr. Vikash Jha,AC to AAG 8
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 11-07-2014Being aggrieved by the order dated 20.12.2011 made by the learned Single Judge in CWJC No. 3956 of 2010, the writ petitioner has preferred this Appeal under Clause X of the Letters Patna High Court LPA No.542 of 2012 (2) dt.11-07-2014 2/2 Patent.
Pursuant to a selection process commenced in 2006, the petitioner was appointed as Panchayat Teacher in Gram Panchayat Raj Ameth, Block Mohania, District Kaimur as a handicapped person. His appointment came to be challenged before the District Teachers Employment Appellate Authority, Kaimur. The authority below has recorded a finding that on the date of application or even on the date of counselling, the appellant had not produced the medical certificate. He tried to improve his position by producing a medical certificate issued long after the selection and appointment on a post reserved for handicapped person. In the circumstances, the Appellate Authority has cancelled the appointment of the appellant. The order of the Appellate Authority has been upheld by the learned Single Judge. Therefore, this Appeal.
Learned Advocate Mr. Arabind Nath Pandey has appeared for the appellant. He is not able to controvert the above fact. In view of the finding recorded by the authority below and affirmed by the learned Single Judge, we find no reason to interfere. Appeal is devoid of any merit. Appeal is dismissed in limine.
(R.M. Doshit, CJ) Snkumar/-
(Ashwani Kumar Singh, J) U