Patna High Court - Orders
Anil Kumar Gupta & Ors vs The State Of Bihar & Ors on 18 May, 2012
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5701 of 2011
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1. Naresh Kumar Sharma, son of Late Sitaram Singh, Resident Of Village-
Chowar,P.S. Wazirganj(Tankupa O.P), District- Gaya
2. Kiran Kumari W/O Krishna Murari Sharma Resident Of Village-
Manianwan, P.S. Kako, District- Jehanabad
3. Gudiya Kumari D/O Mahesh Prasad Resident Of Mohalla-Karsili Near
Amashan Ghat Road, P.S. Civil Line Town And District- Gaya
4. Babita Kumari D/O Sri Krishna Choudhari Resident Of Salempur, P.S.
Mofasil, District- Gaya
5. Priya Bharti D/O Sri Ram Kalewar Prasad Resident Of Mohalla-
Ghugharitadih, P.S. Civil Line, Town And District- Gaya
6. Munna Kumar Choudhari, son of Sri Kedar Choudhari, Resident Of B.
N. Jha Road, P.S. Kotwali, Town And District-Gaya
7. Md. Ataullah, son of Md. Usman, Resident Of Village-Naurang, P.S.
Muffasil, District- Gaya
8. Abhishek Kumar, son of Sri Ramanuj Singh Resident Of Village-
Chowar,P.S. Wazirganj(Tankupa O.P), District- Gaya
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Commissioner-Cum-Secretary
Department Of Human Resources Development Department, Government
Of Bihar, Patna.
2. District Magistrate, Gaya
3. The District Superintendent of Education Gaya
4. The Block Development Officer Tankupa, District Gaya
5. The Block Education Extension Officer, Tankupa,Gaya
6. Mukhiya, Gram Panchayat Chowar Block-Tankupa, District- Gaya
7. Panchayat Secretary, Gram Panchayat Chowar, Block Tankupa, District-
Gaya
8. The District Teacher Employment Appellate Tribunal, Gaya through its
Member.
9. Munna Kumar Singh, son of Kashi Singh Resident Of Village-Neuri,
P.S. Belaganj, District-Gaya
10. Santosh Kumar Sinha, son of Naval Kishore Prasad, Village-
Manmadha, P.O Chowar, P.S. Tankupa, District- Gaya
11. Braj Bhushan Prasad Singh, son of Puran Singh Resident Of
Village+P.O,-Neuri, P.S. Belaganj, District- Gaya
12. Gaurj Shankar Prasad Yadav, son of Sri Muneshwar Prasad Yadav
Resident Of Village+P.O.- Bhasapipra, P.S. Fatehpur, District- Gaya
13. Pankaj Paswan, son of Suchit Paswan, Resident Of Village-Jamheta,
P.O.+P.S.-Fatehpur, District- Gaya
14. Sudarshan Sharma, son of Balram Sharma, Resident Of Village-
Parwaldiah, P.O. Kariyadpur, District- Gaya
15. Kumari Anita W/O Kamlesh Prasad Resident Of Village-Manmadha,
P.O Kariyadpur, District-Gaya
16. Nadra Khatoon W/O Md. Aftab Alam Resident Of Village-
Miyabigha,P.O.- Kariyadpur,P.S. Fathepur,District- Gaya
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17. Satish Prasad, son of Talkeshwar Sharma, Resident Of Village-
Men,Via-Paibigha, Thana- Belaganj, District- Gaya
18. Suman Kumari D/O Bachchan Kumar Pandey Resident Of Village-
Chowar,P.O.-Chowar,Via-Tarwan, P.S. Wazirganj(Tankupa O.P), District-
Gaya
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.5154 of 2011
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1. Anil Kumar Gupta S/O Late Ram Ratan Saw Resident Of Itadih, P.S.
Fatehpur, District Gaya.
2. Madhu Kumari D/O Sri Ramlakhan Choudhary Resident Of Salempur,
P.S. Mufassil, District Gaya.
3. Sweta Rani D/O Anil Kumar Sinha Resident Of Mohalla Ghugharitadh,
P.S. Civil Line, Town And District Gaya.
4. Asmita Kumari D/O Ram Vilash Vishwakarma Resident Of Village
Kariadpur, P.S. Fatehpur, District Gaya.
5. Baby Kumari D/O Kishori Saw Resident Of Bhadeji, P.S. Mufasil,
District Gaya.
6. Saroj Kumari D/O Ram Prasad Yadav Resident Of Village Shabad, P.S.
Fatehpur, District Gaya.
7. Renu Kumari D/O Ramlila Yadav Resident Of Village Surunga Bigha,
P.S. Fatehpur, District Gaya.
8. Sunita Kumari D/O Sri Ballabh Paswan Resident Of Upraili, P.S.
Paraiya, District Gaya.
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Commissioner Cum Secretary,
Department Of Human Resources Development Department, Government
Of Bihar, Patna.
2. District Magistrate, Gaya.
3. The District Superintendent Of Education, Gaya.
4. The Block Development Officer, Tankupa, District Gaya.
5. The Block Education Extension Officer, Tankupa, Gaya.
6. Mukhiya, Gram Panchayat, Jagarnathpur Block Tankupa, District Gaya.
7. Panchayat Secretary, Gram Panchayat, Jagranathpur, Block Tankupa,
District Gaya.
8. The District Teacher Employment Appellate Tribunal, Gaya.
9. Munna Kumar Singh S/O Kashi Singh Resident Of Village Neuri, P.S.
Belaganj, District Gaya.
10. Santosh Kumar Sinha S/O Naval Kishore Prasad Village Manmadha,
P.O. Chowar, P.S. Tankupa, District Gaya.
11. Braj Bhusan Prasad Singh S/O Puran Singh Resident Of Village + P.O.
Neuri, P.S. Belaganj, District Gaya.
12. Gauri Shankar Prasad Yadav S/O Sri Mureshwar Prasad Yadav
Resident Of Village + P.O. Bhasapipra, P.S. Fatehpur, District Gaya.
13. Pankaj Paswan S/O Suchit Paswan Resident Of Village Jamheta, P.O. +
P.S. Fatehpur, District Gaya.
14. Sudarshan Sharma S/O Balram Sharma Resident Of Village Parwaldiah,
P.O. Kariyadpur, District Gaya.
15. Kumari Anita W/O Kamlesh Prasad Resident Of Village Manmadha,
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P.S. Chowar, P.S. Tankupa, District Gaya.
16. Nadra Khatoon W/O Md. Aftab Alam Resident Of Village Miyabigha,
P.O. Kariyadpur, P.S. Fathepur, District Gaya.
17. Satish Prasad S/O Talkeshwar Sharma Resident Of Village Men, Via
Paibigha, Thana Belaganj, District Gaya.
18. Suman Kumari D/O Bachchan Kumar Pandey Resident Of Village
Chowar, P.O. Chowar, Via Tarwan, Thana Bazirganj (O.P. Tankuppa),
District Gaya.
.... .... Respondent/s
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Appearance :
(In CWJC No.5701 of 2011)
For the Petitioner/s : Mr. Sanjeet Kumar
For the Respondent State: Mr. Yashwant Kumar Chaman, AC to SC25
For respondents No.9 to 17 : Mr. Vikas Kumar.
(In CWJC No.5154 of 2011)
For the Petitioner/s : Mr. Sanjeet Kumar
For the Respondent/s : Mr. Anil Kr Uapdhyay SC20
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
TRIPATHI
ORAL ORDER
4 18-05-2012The order dated 4.2.2011, contained in Annexure-1, passed by the District Teachers Employment Appellate Authority, Gaya, is subject matter of challenge in the present writ application. Petitioners are aggrieved because the tribunal has annulled their appointment on the post of Panchayat Teachers for the reasons indicated in the said order.
Counsel representing the petitioners submits that even if this Court had occasion to uphold the order in question which was a subject matter of challenge in CWJC No. 8879, their cases are distinguishable and all appointments and selection cannot be set aside across the board and the Court ought to look into the individual cases to give the benefit of doubt to them. 4 Patna High Court CWJC No.5701 of 2011 (4) dt.18-05-2012 4/5 Counsel representing the private respondents No. 9 to 17 has produced copies of the order dated 9.2.2012 passed by this Bench in the case of Deepa Sinha (CWJC No. 8879 of 2011) and order dated 13.4.2012 passed by the LPA Bench in appeal, which has affirmed the order of the learned Single Judge.
Learned Single Judge as well as the Division Bench have opined that there had been large scale of irregularities committed in matter of selection on the post of Panchayat Teachers and if that is so, the only prudent thing available to the tribunal was to annul the selection in entirety and order for a fresh exercise.
Independent of the earlier order passed in the case of Deepa Sinha this Court has gone through the impugned order contained in Anneuxre-1 and the detailed consideration which has been made by the appellate authority in the manner in which selection came to be made by the Panchayat and the illegality committed therein through and through. If that be so, then the contentions made at the bar while assailing the order in question cannot be entertained beyond a point.
The tribunal therefore was correct in coming to the conclusion that there was nepotism and illegality committed by the Panchayat in connivance with Mukhiya and Secretary of the Gram Panchayat and even direction for institution of criminal 5 Patna High Court CWJC No.5701 of 2011 (4) dt.18-05-2012 5/5 cases had been given.
The Court does not want to interfere with the impugned order contained in Annexure-1 as it will amount to giving a sanction to an illegal act committed by the Panchayat in matter of such selection.
Both the writ applications are dismissed being devoid of merit.
Now that the issue stands settled at the level of the High Court at this stage it will be obligatory on the respondent authorities especially the Panchayat that it will carry out the exercise for filling up the post in accordance with law. It may be open for the authorities of the Education Department to monitor the situation when the exercise is going on, to ensure fairness in such selection.
All the persons including the petitioners may join the race subject to their eligibility.
Let the exercise be completed preferably within a period of three months.
(Ajay Kumar Tripathi, J) R.K.Pathak/-