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2022 Supreme(Pat) 1013

P. B. BAJANTHRI, RAJIV ROY
Santosh Kumar, son of Sri Brijnandan Prasad – Appellant
Versus
State of Bihar through Additional Chief Secretary, Education Department – Respondent


Advocates Appeared:
For the Appellant : Mr. Y.V. Giri, Mr. Ajay Kumar Pandey.
For the Respondents: Mr. Krishan Kant Singh.

JUDGMENT :

(Rajiv Roy, J.)

The appellant-respondent no.14 is aggrieved by the order dated 05.07.2022 passed by Hon’ble Single Judge (Hon’ble Mr. Justice Sanjeev Prakash Sharma) in C.W.J.C. No.658 of 2018 by which the writ petition was allowed.

2. The matrix of facts giving rise to the present appeal is/are as follows.

3. Under Bihar Primary Teachers Appointment Rules, 2006 (henceforth for short ‘the Rules’) an advertisement was issued by the Selection Committee of Gram Panchayat Raj, Budhwara under Govindpur Block in the district of Nalanda inviting applications for the post of Panchayat Teachers.

4. The writ petitioner applied pursuant to it, appeared, submitted documents, the same were verified and accordingly, the merit list was prepared in which he found himself at Serial No.12 under backward class category. A waiting list was also prepared in which Santosh Kumar (the appellant herein) and Nand Kumar were also listed at Serial No.2 & 3.

(Annexure-1 to the writ petition)

5. Sidetracking the aforementioned merit list, the Selection Committee picked up names of the appellant herein and Nand Kumar from the wait list, were offered employment and accordingly, they joined. It is said th

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