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2011 Supreme(Pat) 2198

NAVIN SINHA
Rajni Bara – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Manan Kumar Mishra, Vishwajeet Kumar Mishra.
For the State : G. P. 10.

ORDER

Heard learned Counsel for the petitioner and the State.

The petitioner, a Panchayat Teacher, belonging to the Scheduled Tribe, is aggrieved by the order dated 19.1.2010 passed by the District Teachers Appointment Appellate Tribunal, Bhagalpur setting aside her appointment as having been made contrary to law in violation of the reservation roster.

2. Learned Counsel for the petitioner submits that she was appointed as a Shiksha Mitra on 7.2.2006. Relying on a Bench decision reported in 2009 (2) PLJR 929 (Alok Kumar Vs. The State of Bihar) it is submitted that the time limit or filing of complaints by an aggrieved against such appointment was 30 days. No such complaint was filed. The Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules 2006 (hereinafter called the Appointment Rules) was promulgated on 1.7.2006. By virtue of Rule 20 the petitioner holding the post of Shiksha Mitra on that date automatically by operation of law acquired the status of a Panchayat Teacher. Assuming that her appointment could have been scrutinized even at this stage, the matter had to be considered by the Block Development Officer under Rule 18. Though no period of time is prescr












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