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2023 Supreme(Pat) 892

SANJEEV PRAKASH SHARMA
Surendra Prasad Yadav, S/o. Ram Prasad Yadav – Appellant
Versus
State of Bihar, through its Principal Secretary Cum Commissioner, Department of Education – Respondent


Advocates Appeared:
For the Petitioners: Mr. Basant Kumar Choudhary, Mr. Shashi Bhushan Kumar, Mr. Nidhi Kumari.
For the Respondents: Mr. Subhash Chandra Mishra, Mr. Rakesh Prashant.

JUDGMENT :

1. The petitioners have preferred this writ petition assailing the order passed by the District Programme Officer (Establishment), Araria dated 01.11.2022, whereby the appointment of the petitioners have been canceled as a Block Teacher with immediate effect directing the Employment Unit not to allow the petitioners to perform their duties.

2. Learned senior counsel appearing for the petitioner has submitted that the petitioners had preferred appeal before the State Appellate Authority challenging the legality of an order passed on 15.12.2017 by the District Teachers Employment Appellate Authority, whereby the District Teachers Employment Appellate Authority had refused to grant relief to the petitioner on the ground that the post had now to be treated as vacancies under the new selection and, therefore, the post cannot be filled as there was no vacancy available. The State Appellate Authority has noticed that there were several posts in different categories existing for recruitment and a document in this regard had been produced under the Right to Information Act. As the litigation was continuing against these posts. In view thereof, the State Appellate Authority dispose

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