ORAL JUDGMENT

Date : 22-01-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has challenged the order dated 07.03.2019, passed by the State Appellate Authority, Bihar, Patna in Appeal No. 598 of 2017, whereby the order dated

15.02.2011, passed by District Teachers Employment Appellate Authority, East Champaran, Motihari in case no. 648 of 2010 has been set aside and respondent no. 10 has been directed to be appointed.

3. The background facts of the case is that process of appointment of Panchayat Shiksha Mitra was initiated in the year 2005. 16 posts were advertised, out of which, 09 posts were for female and the rest 07 were for Male, divided as Unreserved-04, BC-01, MBC-01 and SC-01. The petitioner and respondent no. 10 are under general category. According to the petitioner, he was having higher weightage point than the respondent no. 10 and was also placed at serial no. 1 in the merit list and the respondent no. 10 was placed at serial no. 5. Despite the same, appointment letter was issued in favour of respondent no. 10 and claim of the petitioner was rejected on the ground that educational certificates were not annexed along with the application form by the petitioner.

4. The inquiry report was submitted by Block Development Officer dated 21.02.2007, pointing out irregularity in the appointment. Since no action was taken on the inquiry report, the petitioner moved before this Court in C.W.J.C. no. 11620 of 2007 and this Court vide order dated

10.02.2010, directed the petitioner to approach District Appellate Authority. The petitioner filed an appeal before the District Appellate Authority bearing case no. 648 of 2010 and the District Appellate Authority vide order dated 15.02.2011, find that false allegation of non-availability of the certificate of the petitioner has been made by the selection committee in connivance with the respondent no. 10 and respondent no. 10 was accommodated, who had much lesser marks than the petitioner. In compliance of the said order dated 15.02.2011, the selection committee in its meeting held on 20.02.2011, cancelled the appointment of the respondent no. 10 and appointed the petitioner.

5. The respondent no. 10 challenged the order passed by the District Appellate Authority dated 15.02.2011, before this Court in C.W.J.C. No. 4403 of 2011. In the meanwhile, petitioner joined on 24.11.2011 in Government Primary School, Kauria More which was accepted by the Headmaster. Thereafter, the Headmaster of the School, vide letter dated 13.01.2012, prevented the petitioner from working on the ground that a guideline has been sought from the department, as the petitioner was appointed after 01.07.2006 i.e. after abolition of post of Shiksha Mitra and conversion of Shiksha Mitra as Panchayat Teacher. The petitioner filed a representation before the concerned authorities and District Education Officer and District Programme Officer directed the Headmaster to accept the joining of the petitioner and the petitioner was allowed to join in the School w.e.f. 01.05.2013. 6. The Headmaster of the School as well as respondent no. 10 filed separate writ petitions bearing C.W.J.C. no. 7992 of 2013 and C.W.J.C. no. 4403 of 2011 respectively, challenging the order dated 15.02.2011, passed by the District Appellate Authority. Both writ petitions were taken together and disposed by this Court vide order dated 06.11.2017, with liberty to them to move before the State Appellate Authority.

7. The respondent no. 10 filed Appeal No. 598 of 2017, before the State Appellate Authority against the order dated 15.02.2011, passed by the District Appellate Authority. The State Appellate Authority, vide order dated 07.03.2019, allowed the appeal filed by respondent no. 10 and set aside the order passed by the District Appellate Authority on the ground that appointment of respondent no. 10 cannot be cancelled after 01.07.2006 in the light of the judgment of Division Bench of this Court, rendered in Smt. Renu Kumari