Back
P. B. BAJANTHRI, RAJIV ROY
Santosh Kumar, S/o. Sri Brijnandan Prasad – Appellant
Versus
State of Bihar through Additional Chief Secretary, Education Department, Government of Bihar, Patna – Respondent
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 that subs
The main legal point established in the judgment is the illegality committed by the Selection Committee in denying appointment to the writ petitioner and accommodating the appellant, as well as the p....
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
The main legal point established in the judgment is that the appointment of P.S.M. cannot be enquired into and cancelled retrospectively after the post's abolition on 01-07-2006 under Rule 20(iii) of....
The reasonableness of the filing period for an appeal should be interpreted based on the specific facts of each case. Fairness and transparency are essential in the public employment process.
The appointing authority should provide legally acceptable justifiable reasons for non-appointment of candidates in the waiting list, and the inaction in filling up vacant posts without justifiable r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
