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2011 Supreme(Pat) 2380

A.M.DOSHIT, BIRENDRA PRASAD VERMA
Poonam Sharma W/o Sri Sudhir Kumar Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared
For the Appellants: M/s Basant Kr. Choudhary, Nityanand Mishra (in 1445); Mr. Sanjay Kumar Verma (in 1597); M/s S.B.K. Mangalam, Ravi Ranjan, Chandan Kumar (in 1691).
For the State: M/s Manikant Mishra, Kinkar Kumar (in all).
For the Respondents No. 6-8: Mr. Ajay Kumar Thakur (in all).
For the Respondents No. 9-19 (in 1597 and No. 25-35 (in1691): Mr. Nityanand Mishra.
For the Respondents No. 20-23: Mr. S.B.K. Mangalam (in 1597).

Order

(Per: Hon'ble the Chief Justice) These three Appeals preferred under Clause 10 of the Letters Patent arise from the judgment and order dated 12th August, 2011 passed by the learned single Judge in above CWJC No. 13955 of 2010.

2. Letters Patent Appeal Nos. 1597 of 2011 and 1691 of 2011 are preferred by the writ petitioners whereas Letters Patent Appeal No. 1445 of 2011 is preferred by the Intervenors.

3. The matter at dispute is the appointment to the post of Elementary Teachers in Municipal Schools under Muzaffarpur Municipal Corporation.

4. It appears that pursuant to the Bihar Municipal Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as "the 2006 Rules"), some 11 persons (the appellants in Letters Patent Appeal No. 1445 of 2011) thereinafter referred to as "the Intervenors") were appointed as Elementary Teachers on 30th November, 2006 in the Municipal Schools in Muzaffarpur town. The Intervenors had secured certificate of Prathama awarded by the Hindi Sahitya Sammelan, Allahabad. Since their appointment, on further examination, the said Intervenors were held to be ineligible for appointment as Elementary Teachers. After issuing not





































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