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ANJANI KUMAR SHARAN
Md. Aslam Ali Quadri alias Md. Aslam Ali Kadri Son of Haroon Rasid Ansari – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Primary Education – Respondent
JUDGMENT :
Anjani Kumar Sharan, J.
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the private respondent.
2. The petitioner has filed this writ application for issuance of an appropriate writ or direction in the nature of certiorari for setting aside order dated 01.04.2019 in Appeal No.144/2018 passed by State Appellate Authority, Patna whereby and where under order dated 08.12.2009 in Case No.674 of 2009 passed by District Teachers Employment Appellate Authority, Darbhanga has been quashed on the ground of lack of jurisdiction and employment of the Private Respondent (petitioner) has been cancelled and Panchayat Employment Unit has been directed to hold fresh counselling inviting appellant (respondent no.7) private respondent (petitioner) and other candidates above them in merit list intimating the date, time and venue of counselling. Petitioner also prays for an appropriate order for confirming the order dated 08.12.2009 passed by District Panchayat Teachers Employment Appellate Authority, Darbhanga in Case No.674/2009.
3. The brief facts of the case is that pursuant to advertisement in the year, 2006, petitioner (Urdu) and others appl
The District Teachers Employment Appellate Authority lacks jurisdiction to review decisions made by the Block Development Officer, reaffirming the principle of jurisdiction in employment matters.
A foundational order must be challenged for associated appellate orders to be contested; otherwise, the writ application is not maintainable.
The main legal point established in the judgment is the importance of merit in making appointments and the authority of the District Appellate Authority to direct a fresh counselling.
The court emphasized the importance of rightful appointments and the proper interpretation of court orders, highlighting the consequences of suppressing facts in legal proceedings.
The main legal point established in the judgment is the preference for a statutory appellate remedy over a judicial review under Article 226, and the inapplicability of the Rule against retrospectivi....
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.
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