The court affirmed that eligibility criteria for reserved positions must be strictly adhered to, ruling against the appointment of an ineligible candidate.

JUDGMENT :

(Anjani Kumar Sharan, J.)

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondents.

2. The present writ petition has been filed seeking the following reliefs:

“(i) A writ in the nature of certiorari setting aside the order dated 17.09.2019 passed in Appeal No. 341 of 2017 by learned State Appellate Authority, Bihar, Patna as contained in Annexure-8 whereby and whereunder appeal preferred by petitioner against the order dated 10.08.2011 passed by District Teachers Employment Appellate Authority, Katihar under which appointment of present petitioner as Prakhand Teacher under category of UR (F) reserved for visually impaired candidate has been cancelled and private Respondent No. 6 has been appointed despite the fact that private Respondent having possessed Maulvi degree is not eligible to be appointed as general subject teacher but State Appellate Authority overlooking Government the Resolution No. 62 dated 05.01.2007 issued by Respondent State has rejected the appeal of the petitioner relying upon earlier executive Respondent instructions issued by State which is not applicable in the present case.

ii) For setting aside the order dated 10.08.2011 passed in Appeal Case No.11 of 2010 by learned District Teachers Employment Appellate Authority, Katihar as contained in Annexure-3 whereby and where under the appointment of petitioner to the post of Block Teacher in Middle School, Bhainsdeera under UR(F) general Teacher has been declared illegal on the appeal preferred by Private Respondent No. 6 and has been directed to appoint him in place of present petitioner without taking in to consideration the roaster point fixed for visual impaired UR (F) category candidate for general teacher which is not proper in the eye of law.

iii) To set aside the appointment of Private Respondent No. 6 made in pursuant to order learned passed by Teacher's Employment District Appellate Authority, Katihar and reinstate the petitioner on the post of Prakhand Teacher from which she has illegally been removed.

iv) Any other order/orders for granting any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.”

3. The present case, in brief, is that in the 2nd phase of Panchayat/Prakhand Teachers Appointment which was to be made on the basis of the Bihar Panchayat Teachers Employment & Service Condition, Rule 2008 (as Amended) under Barari Block of Katihar District, as per roster of Reservation issued by Respondent State, one post of Prakhand Teacher was earmarked for visually impaired unreserved Female i.e. UR (F) candidates vide roaster point No. 6701 (Annexure-1 of the writ application). The petitioner, a visually impaired female, with an Intermediate degree and having got 49.10 marks, submitted her application on 07.11.2008 before the Employment Unit, Panchayat Samittee, Barari under District- Katihar. Several male candidates including Private Respondent No. 6 and altogether female candidates have made their respective applications for appointment against the post reserved for the disabled handicapped category having got handicapped certificate issued by competent authority.

4. A merit list was prepared by the Selection Committee specifically for disabled candidates following a counseling session with all eligible individuals. In this context, one position at roster point 6701 under Barari Block was designated for an UR (F) candidate. Consequently, in the merit list for Female Candidates, the petitioner was placed at Serial No.2, while Ashiaria Khatoon was placed at Serial No.1. However, during the verification of the handicapped certificates submitted by the candidates, it was determined that Ashiaria Khatoon had a disability percentage below 40, rendering her ineligible for consideration. In light of this, the petitioner, who has a permanent disability of 60%, was duly recognized and appointed to the position of Prakhand Teacher against the