JUDGMENT :

1. Learned counsel appearing for the State submits that he has filed an affidavit regarding service of notice upon respondent no. 5 by way of supplementary counter affidavit dated 17.12.2021.

I.A. No. 5847 of 2020

2. Heard learned counsel for the parties.

3. This Interlocutory Application has been filed for condoning the delay of 610 days, which has occurred in preferring this appeal.

4. It is contended that by mistake certified copy which was obtained earlier for filing of the appeal was kept in some other file and could not be submitted which has caused delay for which the office of the counsel is responsible. There is no omission on the part of the appellant.

5. No counter affidavit has been filed opposing the prayer for condoning the delay.

6. Having regard to the averments made in this application as well as the supplementary affidavit, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

7. In the result, this Interlocutory Application is allowed and delay of 610 days in preferring this appeal is condoned.

L.P.A. No. 372 of 2019

8. The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order/judgment dated 05.02.2019 passed by the learned Single Judge of this Court in W.P. (S) No. 5988 of 2009, whereby and whereunder, the learned Single Judge has refused to pass direction for issuance of appointment letter in favour of the writ petitioner on the post of Para Teacher, under the Utkramit Primary School at the Panchayat Thari, District-Dumka, in place of respondent no. 6.

9. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:

The writ petitioner had participated in the process of selection to be appointed as Para Teacher. The Aam Sabha has considered her candidature to be fit amongst all. The claim of the writ petitioner was also based upon the fact that her husband has donated the land for the purpose of saving school. But not appointed even in spite of submitting series of representations which compelled the writ petitioner to approach this Court by filing writ petition being W.P. (S) No. 5988 of 2009 praying therein for the following relief:

“For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of Mandamus directing and commanding upon the respondents to issue appointment letter to the petitioner on the post of Para Teacher under the Utkramit Primary School at the Panchayat Thari in place of Respondent No. 6 as he has not fulfilled the criteria laid down for the post of Para Teacher but unfortunately the official respondent with the collusion of Respondent No. 6 try to appoint him on the said post without calling “Aam Sabha” which is wholly illegal, perverse and unconstitutional as the petitioner has a good qualification and marks.”

The State respondent had appeared and filed counter affidavit interalia taking the stand therein that although the Aam Sabha has selected the writ petitioner to be appointed as Para Teacher but such recommendation made by the Aam Sabha has not been approved by the Block Education Committee, Jarmundi. In the meanwhile, one of the applicants, namely, Kuna Devi, a Para Teacher of the same village, objected the selection of the writ petitioner alleging that her selection has been made unfairly by the Village Education Committee, Thari in collusion with few villagers. The Block Education Committee has decided to enquire the complaint at first and thereafter appropriate decision was taken by cancelling the decision of the Aam Sabha, wherein, the name of the writ petitioner was recommended for appointment as Para Teacher. The decision has also been taken for conducting fresh selection by issuing fresh advertisement, in terms thereof, one advertisement was published vide letter no. 295 dated 14.06.2009, referring therein the date and schedule of village Education Committee meeting for s