IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2428 of 2018

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Rita Kumari wife of Sri Krishna Kumar, resident of Village- Gothani, Post-

Dawath, P.S.- Suryapura, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director Primary Education, Education Department, Govt. of Bihar,

Patna.

4.

The District Collector, Bhojpur.

5.

The District Education Officer, Bhojpur.

6.

The District Programme Officer Establishment, Bhojpur.

7.

The Block Development Officer, Sadar Ara, Bhojpur.

8.

The Block Education Officer North Ara, Bhojpur.

9.

The Panchayat Secretary, Grampanchayat, Karari, P.S.- Ara Muffasil, Block-

Ara Sadar, District- Bho

10.

The Mukhiya Grampanchayat, Karari, P.S.- Ara Muffasil, Block- Ara Sadar,

District- Bhojpur.

11.

Puja Verma, wife of Shashi Bhushan Prasad, Panchayat Teacher New

Primary School North Tola Karari, Block- Ara Sadar, P.S.- Ara Muffasil,

District- Bhojpur.

12.

Birendra Kumar Mishra, son of Shiv Dayal Mishra, Panchayat Teacher

Primary School Dewarhi, P.S.- Ara Muffasil, Block- Ara Sadar, District-

Bhojpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Maya Shankar Mishra, Adv.

Mr. Nagendra Upadhyay, Adv.

For the Respondent No. 11 and 12

:

Mr. H.S. Roy, Adv.

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

7

18-01-2023

1. The petitioner assails the order passed by the District

Appellate Authority dated 31.10.2016 as well as the order

passed by the State Appellate Authority dated 03.08.2017,

whereby the contentions raised by the petitioner have been

Patna High Court CWJC No.2428 of 2018(7) dt.18-01-2023

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rejected and the petitioner’s appeal preferred before the District

Appellate Authority was treated to be time barred and also on

merits.

2. Learned counsel for the petitioner submits that for the

Teacher Employment year 2008, the petitioner had applied for

the post at Gram Panchayat, Karari, where 5 posts were

available. Out of the 5 posts, one was marked for UR, one for

UR (Female) and one for EBC and one for SC and one for SC

(Female) category. The petitioner was from SC (Female)

category. Initially, she was not allowed to participate in the

counseling by the concerned Employment Unit, in spite of

having made her application and she, therefore, filed an appeal

before the District Appellate Authority, who passed an order in

her favor on 8^th July 2010, directing the Employment Unit to

allow her to participate in the counseling. The said counseling

was not conducted for more than two years, whereafter, the

District Panchayat Raj Officer directed the Employment Unit to

conduct the counseling of the petitioner vide his order dated 13^th

February 2012 and the counseling was conducted thereafter, on

2^nd March 2013. After the counseling having being conducted,

the petitioner was not offered employment and she therefore,

challenged and filed a representation to the authorities on

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02.05.2014, but the same remained unanswered and she

therefore, preferred an appeal before the District Appellate

Authority assailing the selections conducted by the respondent

wherein, she was denied appointment although, she was entitled

to the appointment against the SC (Female) category.

3. The learned counsel for the petitioner points out that in

the selection process which was conducted, one Rita Kumari,

daughter of Guljar Rai, who was from OBC category had

scored merit of 99.71% and was thus, the highest meritorious

and therefore, she was required to be treated as a