Letters Patent Appeal No. 1134 of 2012 · Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1134 of 2012 In Civil Writ Jurisdiction Case No. 6686 of 2012 With Interlocutory Application No.4908 of 2012 In Letters Patent Appeal No.1134 of 2012 ====================================================== 1. Sunil Kumar Son of Shri Vijay Kr. Ray resident of Village- Lovakala, P.O.- Lova, P.S.- Baniyapur, District - Saran 2. Abdul Manan Son of Shri Ajim Hussain Village - Marawa Basahiya, P.S. - Panapur, District - Saran 3. Mala Kumari D/o - Suresh Manjhi Village – Karahi (Khurd) P.O. - Basantpur, District - Saran, at present Village - Sahwajpur, P.S. - Panapur, District - Saran 4. Kumari Asha Singh D/O Shyam Sunder Singh Village - Harakh Pakari, P.O.- Satjara Bazar, P.S. - Panapur, District - Saran 5. Sabnam Kumari D/O Krishna Prasad Resident of Basahiya, P.S. - Panpur, District - Saran 6. Annapurna Devi Wife of Bishwa Nath Ray Village - Baluapur, P.S. - Khudaibagh, District - Saran 7. Anil Kumar Rajak S/O Sipahi Baitha Village - Marwa Basahiya, P.S. - Panapur, District - Saran 8. Makhtar Pd. Sah S/O Hari Narayan Sah Resident of Village - Bagahi, P.O. - Taraiya, District - Saran 9. Rinki Kumari D/O Nand Lal Ram Resident of Village - Sonbarasha, Block- Panapur, District - Saran 10. Niraj Kr. S/O - Kedar Nath Singh Village - Bangara, P.O. - Dumarshan Bangara, P.S. - Mashrakh, District - Saran 11. Shesh Nath Prasad S/O - Marai Prasad Resident of Village - Moriya, P.S. - Panapur, District - Saran
Legal Reasoning
12. Kanchan Kumari D/O Sri Keshar Nath Giri Resident of Village - Bharathpura, District - Saran 2 Patna High Court LPA No.1134 of 2012 (7) dt.15-04-2013 2 / 6 13. Indu Devi W/O Shiv Nath Prasad Village - Suryapur, P.O.- Basantpur, District - Siwan 14. Jyoti Kumari D/O Ramadhar Singh Resident of Village - Basantpur, P.O.- Satjora, P.S.- Panapur, District - Saran 15. Vinod Baitha S/O Lobhan Baitha Resident of Village - Marwa Basahiya, P.S. - Panapur, District - Saran .... .... Respondents-Appellants Versus 1. The State of Bihar through the Secretary, Education Department, New Secretariat, Patna 2. The Director (Primary Education) Deptt., New Secretariat, Patna 3. The District Magistrate, Saran at Chapra 4. The District Education Officer, Saran at Chapra 5. The Members, District Teachers Appointment Appellate Authority, Saran, Chapra 6. The Block Development Officer, Block Panapur, District- Saran 7. The Block Education Officer, Block- Panapur, District - Saran 8. The Panchayat Secretary, Gram Panchayat Raj Basahiya, Block Panapur, District Saran 9. The Mukhiya, Gram Panchayat Basahiya, Block - Panapur, District – Saran …. …. Respondents-Respondent 1st Set 10. Binod Kr. S/O Ram Jee Ray Resident of Village- Nagar Mira, P.S. - Sonepur, District - Saran 11. Kumari Babi D/O - Mahesh Sah Village - Chakfaiz, P.O.- Sukki, Patepur, District - Vaishali 12. Sita Kumari D/O Raj Kr. Singh Resident Of Village - Jadhua, P.S. - Hajipur , Town District - Vaishali 13. Sandhya Gautam W/O Parash Nath Singh Resident Of Village - Bahadurpur, P.O.- Kawalpura, P.S. - Mashrakh, District - Saran 14. Vashishth Kumar Son Of Late Jamun Sharma Resident Of Village - Shishona, Rajauli, P.O.- Rajauli, P.S. - Hajipur, District - Vaishali 15. Rani Kumari W/O Vashisth Kumar Resident Of Village - Shishauna, P.O. - Rajauli, P.S. - Hajipur, District - Vaishali 16. Suman Kumar Ram S/O Satan Ram Resident Of Village - Thahara, P.O. 3 Patna High Court LPA No.1134 of 2012 (7) dt.15-04-2013 3 / 6 - Thahara, Gopalpur, P.S. - Pusa, District - Samastipur 17. Sanjeev Kr. S/O Surendra Thakur Resident Of Village - Panapur, Lauya, P.O. - Panapur, Langa, P.S. - Hajipur, District - Vaishali 18. Prem Lata Kumari W/O Prameshwar Pd. Yadav Resident Of Village - Rudaha, P.O. - Bala Tand, P.S. - Rajapakar, District - Vaishali 19. Binod Kr. Thakur S/O Prayag Thakur Resident Of Village - Jahangirpur, Naya Tola, P.O. Bidupur, P.S. - Bidupur, District - Vaishali 20. Gulshan Parvin D/O - Abdul Majid Resident Of Village - Mandaekhurd, P.O. - Machhahi, Sakara, P.S. - Sakara, District -Muzaffarpur 21. Kumari Pawan D/O Dinanath Rai Resident Of Village - Kanchanpur, Dhanushi, P.O. - Ghotaro, P.S. - Kartaha, District - Vaishali 22. Suman Kumari W/O Dayaveer Singh Resident Of Village - Bahadurpur, P.O. - Kawalpura, P.S. - Masharkh, District – Vaishali …. …. Petitioners-Respondents 2nd Set 23. Kumari Dharmshila D/O - Kanhaya Mahto Resident of Village - Dharari, P.S. - Bahiyapur, P.O. - Sarami, District – Saran (Deleted) .... .... Respondent-Respondent ====================================================== Appearance : For the Appellants : Mr. Sanjay Kumar Mishra, Advocate For the Respondent State: Mr. Gautam Bose, AAG-8 Mr. S.K.Mishra, A.C. to AAG-8 For the Respondent No.8: Mr. Rohit Mishra, Advocate For the Respondent No.9: Mr. Bindhyachal Singh, Advocate Mr. Satya Prakash, Advocate For the Respondent Nos.10-22: Mr. Shashi Bhushan Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 7. 15-4-2013 Interlocutory Application No.4908 of 2012: The delay of 19 days occurred in filing the Letters 4 Patna High Court LPA No.1134 of 2012 (7) dt.15-04-2013 4 / 6 Patent Appeal is condoned.
Decision
Interlocutory Application stands disposed of. Letters Patent Appeal No.1134 of 2012: Feeling aggrieved by the order dated 6th April 2012 made by the learned single Judge in C.W.J.C. No. 6686 of 2012, 15 respondents, out of respondent nos. 10 to 25, have preferred this Appeal under Clause 10 of the Letters Patent. It is the case of the appellants that pursuant to 2008 selection process the appellants have been appointed as Panchayat Teachers under the Gram Panchayat Raj, Basahiya, Block-Panapur, District-Saran. Their appointments came to be questioned before the District Teacher Employment Appellate Authority, Saran (hereinafter referred to as “the Appellate Authority”) in Case No.40-45/2011 and 76/2011. The Appellate Authority, under its order dated 25th November 2011, recorded that the appointment of the appellants was made in order of merit. The names of the complainants appeared amongst the applicants Sl. Nos. 60 to 95. After perusal of the records the Appellate Authority doubted the genuineness of the register insofar as the applicants at Sl. No.60 to 95 were concerned. The order of the Appellate Authority came to be challenged by the complainants in above C.W.J.C. No. 6686 of 2012. The learned single Judge has set aside the order of the Appellate Authority and has directed the Appellate Authority to reconsider the matter and to direct that counseling of all the 95 applicants be made afresh. Therefore, this Appeal. Learned advocate Mr. Sanjay Kumar Mishra has appeared for the appellants. He has submitted that the appointment of the appellants was made in order of merit. The said appointment has been upheld by the Appellate Authority. 5 Patna High Court LPA No.1134 of 2012 (7) dt.15-04-2013 5 / 6 Further, the appointment of the appellants has been unsettled by the learned single Judge without affording opportunity of hearing to the appellants. He has further submitted that in view of the findings recorded by the Appellate Authority, the learned single Judge has erred in directing a fresh counselling of all the 95 candidates. Learned counsel Mr. Gautam Bose has appeared for the respondent State Government. He has supported the Appeal. Learned advocate Mr. Bindhyachal Singh has appeared for the respondent no.9, the Mukhiya of the Gram Panchayat. He has submitted that a large scale irregularities were committed in selection of the appellants by the then Mukhiya of the Gram Panchayat. The entire selection process is, therefore, required to be conducted anew. Learned advocate Mr. Shashi Bhushan Kumar has appeared for the respondent nos. 10 to 22. He has submitted that the Mukhiya of the Gram Panchayat has admitted that in the selection process several irregularities had been committed. The order of the learned single Judge for counselling afresh is, therefore, justified. He has further submitted that the learned single Judge has taken due care for the appellants inasmuch as the learned single Judge has directed that after the remand, the Appellate Authority shall comply with the principles of natural justice. Mr. Shashi Bhushan Kumar has also submitted that pursuant to the impugned order dated 6th April 2012, the matter has been taken by the Appellate Authority, the parties have been heard, the record has been perused and the order is awaited. He has submitted that at this stage this Court should not interfere in the matter. We see no substance in the submission made by Mr. 6 Patna High Court LPA No.1134 of 2012 (7) dt.15-04-2013 6 / 6 Bindhyachal Singh or Mr. Shashi Bhushan Kumar. In absence of finding of irregularities recorded by the Appellate Authority and in absence of any material before us indicating any irregularity, we cannot accept the oral submission made by the learned advocates. On the contrary, before the Appellate Authority the then Mukhiya did file affidavit that the proceeding of counselling was recorded in Hindi. Whereas, the names of the candidates at Sl. No. 60 to 95 were written in English. This would necessarily raise a doubt that their names were added subsequently. Besides, the Appellate Authority has also recorded that the dispute had been raised because of the rivalry amongst the then Mukhiya and the present Mukhiya of the Panchayat. It is obvious that the endeavour is to manipulate the appointments and to unsettle the appointments of the appellants made as early as in 2010. For the aforesaid reasons, we allow this Appeal. The impugned order dated 6th April 2012 made by the learned single Judge in C.W.J.C. No. 6686 of 2012 is set aside. C.W.J.C. No. 6686 of 2012 is dismissed. (R.M. Doshit, CJ) Pawan/- (Ahsanuddin Amanullah, J)