IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 1529 of 2012

In

Civil Writ Jurisdiction Case No. 18144 of 2011

With

Interlocutory Application No. 6398 of 2012

And

Interlocutory Application No. 6399 of 2012

In

Letters Patent Appeal No. 1529 of 2012.

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

Bibi Neya Khatoon, W/o Md. Ibrahim Ansari, D/o Kamal Uddin Ansari,

R/o Village - Dilgauri, P.O. - Abiuganj, P.S. - Sultanganj, District -

Bhagalpur

.... .... (Petitioner) Appellant

Versus

1. The State of Bihar

2. The District Education Officer, Lakhisarai

3. Block Education Board Casting Officer, Chanan, District - Lakhisarai

4. Member of District Teacher Employment Appellate Authority, Lakhisarai

5. The Panchayat Secretary, Village - Panchayat Raj Malia, Lakhisarai

6. Mukhiya, Village - Panchayat Raj Malia, Lakhisarai

7. Nazia Farnaz, D/o Md. Alauddin, R/o Dilawar, P.O. - Dilawar, P.S. -

Kotwali, District - Munger

.... .... Respondents / Respondents.

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

Appearance:

For the Appellant/s : Mr. Rabi Bhushan, Advocate.

For the Respondent Nos.1-6: Mr. Raj Kamal, AC to SC 9.

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

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

3

17-12-2012

Re. Interlocutory Application No. 6398 of 2012.

The delay of 76 days occurred in filing the Letters

Patna High Court LPA No.1529 of 2012 (3) dt.17-12-2012

2 / 3

2

Patent Appeal is condoned.

Interlocutory Application stands disposed of.

Re. Letters Patent Appeal No. 1529 of 2012 &

Interlocutory Application No. 6399 of 2012.

Feeling aggrieved by the order dated 3^rd April 2012

made by the learned single Judge in CWJC No. 18144 of 2011, the

writ petitioner has preferred this Appeal under Clause 10 of the

Letters Patent.

It appears that pursuant to 2008 selection process

the appellant was appointed as a Panchayat Teacher (Urdu) under

the Gram Panchayat Raj Malia, District – Lakhisarai. The

appointment of the appellant and others came to be challenged

before the District Teacher Employment Appellate Authority,

Lakhisarai (hereinafter referred to as ‘the Appellate Authority’) in

Appeal Nos. 117/10-11, 111/10-11 & 103/10-11. The Appellate

Authority, after perusal of the record, recorded a finding that the

selection of the Panchayat Teacher made by the Gram Panchayat

Raj Malia was tainted by nepotism and favouritism. In view of the

said finding, the Appellate Authority set aside the entire selection

and directed the Gram Panchayat to make the selection afresh.

Feeling aggrieved, the appellant challenged the

order of the Appellate Authority in above CWJC No. 18144 of

2011 filed under Article 226 of the Constitution. The learned

single Judge has confirmed the finding of nepotism and

favouritism and has rejected the Writ Petition. Therefore, this

Appeal.

We have perused the record. Nepotism and

favouritism are writ large in the selection made by the Panchayat.

The only recourse available in such cases is of cancelling the

Patna High Court LPA No.1529 of 2012 (3) dt.17-12-2012

3 / 3

3

selection in its entirety and to make selection afresh in accordance

with law.

We are in agreement with the learned single Judge.

No case for interference is made out.

Appeal is dismissed in limine.

Interlocutory Application stands disposed of.

Dilip.

(R.M. Doshit, CJ)

(Ahsanuddin Amanullah, J)