Patna High Court - Orders
Bibi Rukhsana Khatoon vs The State Of Bihar & Ors on 1 March, 2012
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12265 of 2011
======================================================
1. Bibi Rukhsana Khatoon Md. Sefat Alam Vill-Rahmandih,P.S-
Dhoraiya,Distt-Banka
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its 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 Extinsion Officer,Dhoraiya,Banka
5. The Mukhiya Gram Panchayat Jaipur,Dhoraiya, Banka
6. The Panchayat Secretary Gram Panchayat Jaipur,Dhoriya,Distt-Banka
7. The Headmaster Urdu Primary School Tetaria,P.S-Dhoraiya,Distt-Banka
8. The Bibi Sahana Khatoon, Wife of Md. Alam Panchayat Teacher, Urdu
Primary School Tetaria,P.S-Dhoriya,Distt-Banka
9. The Member District Teacher Employment Appellate Authority,Banka
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra Mishra.
Mr. Md. Nurul Hoda
For the Respondent/s : Mr. Yashwant Kumar Chaman, A.C. to S.C.25
======================================================
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 Sahana 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.12265 of 2011 (2) dt.01-03-2012 2 Appellate Authority contained in annexure-8, there is discussion; especially at page 27 of the writ application in third 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-8.
No interference is warranted with the said order. This writ application is dismissed.
(Ajay Kumar Tripathi, J) Amin/-