IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.290 of 2025 In Civil Writ Jurisdiction Case No.10380 of 2019 ======================================================

Md Aslam Ali Quadri @ Md. Aslam Ali Kadri Son of Haroon Rasid Ansari Resident of Village- Chakka, P.S.- Baheri, Dist.-Darbhanga.

... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, Primary Education, Education Deptt., Govt. of Bihar, Patna.

2. The District Programme Officer, Darbhanga.

3. The Block Development Officer, Baheri, P.S. Baheri, District- Darbhanga.

4. The Block Education Officer, Baheri, P.S.- Baheri, District- Darbhanga.

5. The Panchayat Secretary, Gram Panchayat Raj Baghouni, P.S. and Block Baheri, District- Darbhanga.

6. The Mukhiya, Gram Panchayat Baghouni, P.S and Block Baheri, District-

Darbhanga.

7. Wakil Ahmad, son of Abdul Hakim, Resident of Village- Kumai, P.O.- Nari, P.S.- Ghanshyampur District- Darbhanga.

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

Appearance :

For the Appellant/s : Mr. Binod Kumar Sinha, Advocate For the Respondent/s : Mr. Addl. Advocate General (13)

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 25-02-2026 This Letters Patent Appeal has been filed by the appellant Md Aslam Ali Quadri @ Md. Aslam Ali Kadri, who was the writ petitioner challenging the order dated 08.05.2024 of the learned Single Judge passed in C.W.J.C. No. 10380 of

2019.

The writ petition was filed by the appellant-writ petitioner for setting aside the order dated 01.04.2019 passed by the learned State Appellate Authority, Patna in Appeal No.144/2018, whereby and whereunder the order dated 08.12.2009 passed by the District Teachers Employment Appellate Authority, Darbhanga (hereinafter referred to as ‘the Appellate Authority, Darbhanga’) in Case No. 674 of 2009 was quashed on the ground of lack of jurisdiction and employment of the petitioner was cancelled and the Panchayat Employment Unit was directed to hold fresh counselling inviting the respondent no.7 to the writ petition, so also to the petitioner and other candidates above them in the merit list intimating the date, time and venue of counselling and the Block Development Officer, Baheri was directed to get the entire process completed within a period of three months from the date of receipt of the order.

2. It is the case of the writ petitioner that in the year

2006, he along with others applied for appointment as Panchayat Teacher in Baghouni Gram Panchayat, within Baheri Panchayat. Total 14 numbers of post of teachers were notified in the advertisement, out of which 10 posts were of Hindi Teachers and 4 seats were for Urdu Teachers. The Pnchayat prepared the merit list as per the marks of the applicants and the petitioner was placed at serial no.37, whereas the respondent no.7 was placed at serial no.36. Thereafter the counselling was held, which was completed and six persons turned up for certificate verification and submitted their consent and accordingly, they were issued joining letters. Eight posts remained vacant, for which second panel list was prepared for eight persons, including the petitioner on 10.01.2007 and then after the counselling, verification of certificate and consent, the appointment letter was issued in favour of the petitioner and accordingly, he submitted his joining on 16.01.2007. It is the further case of the petitioner that the respondent no.7 submitted an application before the Block Development Officer, Baheri on 23.01.2008, which was entertained and without issuing any show-cause to the petitioner and giving him opportunity of hearing, order was passed on 04.04.2008 whereunder the selection of the petitioner was cancelled and the authorities were directed to appoint respondent no.7.

3. Aggrieved with the aforesaid order dated

04.04.2008, the petitioner filed C.W.J.C. No. 102