IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 2192 of 2010
1. MD.KALIMUL HAQUE S/O MD. JUMERATI R/O VILL.- GARHWA,
POST- HARPUR TOLA, BIRWA, P.S.- MAJHAULIA, SUB-DIVISION-
BETTIAH, DISTT.- WEST-CHAMPARAN
Versus
1. THE STATE OF BIHAR.
2. THE DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH.
3. THE DISTRICT SUPERINTENDENT OF EDUCATION, WEST
CHAMPARAN, BETTIAH.
4. THE DISTRICT EDUCATION OFFICER, WEST CHAMPARAN,
BETTIAH.
5. THE BLOCK EDUCATION EXTENSION OFFICER, BETTIAH,
WEST CHAMPARAN.
6.THE CHAIRMAN, ZILA PARISHAD, WEST CHAMPARAN,
BETTIAH.
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4 28.09.2010 The petitioner had applied for the post of Urdu Teacher in
the Zila Parishad Secondary School at West Champaran. He asserts that
he had done B.Ed from Jamia Milia Islamia University, New Delhi
which is a Central University but in spite of having very good marks
and in spite of being in the merit list, he was not allowed to participate
in counselling and consequently not selected only on the ground that
Jamia Milia Islamia University is not a recognized University. He
immediately protested to various authorities by his letter dated
22.12.2009. In fact he has brought on record that on 21.12.2009, he had
already filed the consent letter also for his appointment. When nothing
was done, he has filed the writ application before this Court. He has
filed an interlocutory application in which he has stated that during the
pendency of the writ petition appointments have been made and letter of
appointments are being issued. He, thus, complains that he was mala
fide not selected. The matter was adjourned for the respondents to file
counter affidavit. Notices were issued to the Zila Parishad still no
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counter affidavit has been filed even though six months have elapsed.
In my view, the writ petition would entail question of facts.
It is better if the petitioner moves the District Teachers’ Appointment
Appellate Tribunal, West Champaran at Bettiah in the first instance with
his grievances. The Tribunal would entertain the same notwithstanding
the delay and after making necessary party and issuing notice to them,
hear the matter and decide the matter expeditiously. If the Tribunal finds
that the petitioner was unjustly left out, the Tribunal must take all steps
possible to ensure justice is done. The Tribunal would decide the matter
within three months after notice to all parties concerned.
With these observations, the writ petition stands disposed
of.
M.E.H./Shahzad (Navaniti Prasad Singh)