IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1559 of 2012

In

Civil Writ Jurisdiction Case No. 11675 of 2012

With

Interlocutory Application No.6524 of 2012

In

Letters Patent Appeal No.1559 of 2012

======================================================

Sanjay Kumar Tripathi son of Sri Ram Sagar Singh resident of Village -

Banhaiti, P.S. Bibhutipur, District - Samastipur

.... .... Petitioner-Appellant

Versus

1. The State of Bihar, through the Secretary, Department of Human

Resources and Development, Govt. of Bihar

2. The Director, Primary Education Bihar, Patna

3. The Deputy Director, Primary Education, Bihar, Patna

4. The District Magistrate, Samastipur

5. The Officer on Special Duty, District Confidential Cell, Samastipur

6. The Additional Collector (Land Acquisition), Samastipur

7. The District Superintendent of Education, Samastipur

8. The Block Development Officer, Bibhutipur, District - Samastipur

9. The Block Education Extension Officer, Bibhutipur, Samastipur

10. The Panchayat Teachers Employment Committee, Chora Tabhka,

through its Secretary under Block Bibhutipur, District - Samastipur

11. The District Teachers Employment Appellate Authority, Samastipur,

through its Secretary, Samastipur

.... .... Respondents-Respondents

======================================================

Appearance :

For the Appellant :

Mrs. Mahasweta Chatterjee, Advocate

For the Respondent State: Mr. Rishi Raj Sinha, G.P.-19

Mr. Rakesh Prabhat, A.C. to G.P.-19

Mr. Rakesh Kumar, A.C. to G.P.-19

======================================================

Patna High Court LPA No.1559 of 2012 (4) dt.17-12-2012

2 / 3

2

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

4. 17-12-2012 Interlocutory Application No.6524 of 2012:

The delay of one day occurred in filing the Letters

Patent Appeal is condoned.

Interlocutory Application stands disposed of.

Letters Patent Appeal No.1559 of 2012:

Feeling aggrieved by the order dated 10^th July 2012

made by the learned single Judge in C.W.J.C. No. 11675 of 2012,

the writ petitioner has preferred this Appeal under Clause 10 of

the Letters Patent.

The appellant approached this Court under Article

226 of the Constitution to challenge the order dated 28^th May

2012 made by the District Teacher Employment Appellate

Authority, Samastipur (hereinafter referred to as “the Appellate

Authority”) in Appeal No.1641/2012 filed by the appellant.

The appellant claims that pursuant to 2005 selection

process, he was selected for appointment as Panchayat Shiksha

Mitra under the Gram Panchayat Raj, Chora Tabhka, Block-

Bibhutipur, District-Samastipur but was not offered appointment.

Since then he was appointed as Panchayat Teacher under the

Instructions dated 27^th December 2010 issued by the Director,

Primary Education. His service has been terminated without

following due process of law.

The challenge before the Appellate Authority in

Appeal No.1641/2012 as well as under Article 226 of the

Constitution before the learned single Judge has failed.

Patna High Court LPA No.1559 of 2012 (4) dt.17-12-2012

3 / 3

3

Therefore, this Appeal.

It is the fourth time the appellant is before this Court

in a writ petition. On perusal of the record it is apparent that at no

point of time the appellant was appointed as Panchayat Shiksha

Mitra or Panchayat Teacher as claimed by the appellant. The

recommendation allegedly made by the Director, Primary

Education has also been found to be forged. The Director,

Primary Education himself has, under communication dated 24^th

June 2011, informed the district authority that no such

recommendation or instruction was ever issued by him. It is

evident that the appellant, in desperate effort for employment as

Panchayat Teacher, has resorted to illegal m