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2023 Supreme(Pat) 474

K. VINOD CHANDRAN, HARISH KUMAR
Md. Sarfaraz Alam, Son of Md. Iftekhar Ahmed – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Mahasweta Chatterjee, Advocate
For the Respondent: Mr. Ajay Kr. Rastogi (AAG 10)

JUDGMENT :

HARISH KUMAR, J.

We have heard Ms. Mahasweta Chatterjee, learned counsel for the appellant and the learned counsel representing the State.

2. The challenge in the present Letters Patent Appeal is to an order/judgment of the learned Single Judge dated 31.01.2022 passed in C.W.J.C. No. 19337 of 2019 whereby the claim of the writ petitioner/appellant for his appointment to the post of Urdu Teacher in the Primary School Maktab, Habaspur within Chalk Salem village Panchayat (hereinafter referred to as ‘the School’) has been turned down by affirming the order of the State Appellate Authority.

3. The grievance of the appellant is that he despite being Moulvi, which is equivalent to Intermediate examination, was not selected for the post of Urdu Teacher in the School and on the contrary the private respondent no.9, who is Intermediate with 50 marks in Urdu, has been selected.

4. It is vehemently submitted that the appointment of respondent no.9 is in defiance of the letters issued by the District Superintendent of Education and the Public Information Officer of the Department of Primary Education, who clarified that the eligibility for being appointed as Urdu teacher, a candidate mus

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