IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1287 of 2023 In Civil Writ Jurisdiction Case No.10383 of 2011 ======================================================

Indu Kumari Resident of Village- Kurpat, P.S.- Parghari, P.S.- Sabour, District- Bhagalpur ... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, H.R.D. Department, Govt. of Bihar, Patna.

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

3. The District Superintendent of Education, , Bhagalpur.

4. The Block Education Officer, Sabour, Bhagalpur.

5. The District Teachers Appointment Appellate Tribunal, Bhagalpur through its President.

6. The Block Development Officer, Sabour, Bhagalpur.

7. The Panchayat Secretary, Baijalpur Gram Panchayat, Block-Sabour, District-

Bhagalpur.

8. Urmila Devi, wife of Sri Murlidhar Pandit, Village-Kurpat, P.S.-Sabour, District-Bhagalpur.

9. The Mukhiya, Gram Panchayat Baijalpur, Sabour, District-Bhagalpur.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Navjot Yeshu, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13 ======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5 11-02-2026 Re: I.A. No. 01 of 2023 Learned counsel for the appellant presses I.A. No. 01 of 2023 for condoning the delay of 314 days in preferring this appeal.

2. For the reasons stated in the application, the delay in preferring this appeal is condoned.

3. I.A. No. 01 of 2023 stands allowed.

Re: LPA No.1287 of 2023

4. The present intra court appeal has been preferred by the appellant against the judgment and order passed by the learned Single Judge in CWJC No.10383 of 2011, whereby the writ petition filed by the appellant was dismissed.

5. In the writ petition, following reliefs have been sought for by the writ petitioner:-

(i) For quashing the order contained in Memo No. 330 dated 30.4.2011 (Annexure- 8) passed by Member of Zila Shikshak Niyojan Appealiye Pradhikar, Bhagalpur (Tribunal) in Appeal Case No. 101/2009 whereby and whereunder Niyojan (Contract) of Petitioner as Panchayat Teacher in Primary School, Naya Tola, Kurpat has been cancelled and further directed to appoint the respondent no.3 in her place.

(ii) For issuance of writ of Mandamus directing the respondent to reinstate the petitioner to the post on which she was working after appointment."

6. The brief facts giving rise to the present appeal are that pursuant to an advertisement issued in the year 2008 for appointment to the post of Panchayat Teacher on contractual basis, the appellant applied, and upon counselling, was placed first in the merit list. An appointment letter dated 14.08.2020 was issued in her favour and she joined the post. Subsequently, by order dated 30.04.2011 passed in Appeal No. 101of 2009 by the District Teachers Appellate Authority, Bhagalpur, her appointment was cancelled on the allegation that she had secured appointment on the basis of an inadmissible experience certificate.

7. Learned counsel for the appellant submits that the learned Single Judge failed to properly appreciate the material available on record and that the order of District Appellate Authority was passed in violation of the principles of natural justice, as no opportunity of hearing was afforded to the appellant. It is further submitted that the weightage of 20 marks was granted on the basis of her experience as an Instructor and not as an Anganbari Worker, and that the certificate relied upon was duly verified and genuine.

8. Per contra, learned counsel for the respondents submits that the learned Single Judge, after meticulous examination of the record, rightly affirmed the order of the District Teachers Appellate Authority. It is submitted that the experience claimed by the appellant pertained to her engagement as an Anganbari Worker, which