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2016 Supreme(Pat) 3

NAVANITI PRASAD SINGH, NILU AGRAWAL
Ganesh Kumar Gautam – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Appellant :M/s Jitendra Kr Roy, Rajesh Kr, Sumit Kr, Nikki Singh, Advocates
For the State : Mr Anjani Parashar, AC to GP 4
For Respondent No 12:Mr Ajay Kumar, Advocate
For Respondent No 11:Mr Ranjit Kumar Yadav, Advocate

JUDGMENT

(Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH)

I.A. No. 7894 of 2014 has been filed for condoning the delay in filing the appeal.

2. For the reasons mentioned therein, delay in filing the appeal is condoned. I.A. No. 7894 of 2014 stands disposed of.

3. With consent of parties, this appeal has been heard for its final disposal at this stage itself

4. The unsuccessful writ petitioner is the appellant. His grievance was short. He had been selected for being appointed as Shiksha Mitra. When he went to join, the Headmaster did not permit him to join. He moved different authorities being unable to join. In the meantime, the State Government enacted the Bihar Panchayat Primary Teacher’s (Selection and Service Condition) Rules, 2006. It was, inter alia, provided by Rule 20 (iii) that all Shiksha Mitras appointed and working on the date when this Rule came into force, i.e. 01.07.2006, would be deemed to be selected and appointed as Panchayat Teachers under these Rules. This writ petition was then filed by the writ petitioner claiming that writ be issued for his appointment as a Shiksha Mitra. The learned Single Judge rejected the same on the ground and in view of the fact that the D







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