IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.630 of 2011
Simpal Kumari d/o Sri Vedbhushan Prasad Singh,
Resident of village Nirpur, P.S. Chautham
District Khagaria, ... Appellant.
Versus
1.The State Of Bihar.
2.The Principal Secretary, Human Resources
Department, Bihar, Patna.
3.The District Teacher Appointment Appellate
Tribunal, Khagaria. Through its Member, Khagaria,
Bihar.
4.The District Magistrate, Khagaria.
5.The District Superintendent of Education, District
Khagaria.
6.The Block Education Extension Office,
Chautham, District Khagaria.
7.The Panchayat Secretary, Gram Panchayat Raj,
Nirpur, P.S. Chautham, District Khagaria.
8.The Mukhia, Gram Panchayat Raj, Nirpur,
P.S. Chautham District Khagaria.
9.Asha Kumari d/0 Sri Ashok Kumar, R /0 village
Nirpur,
P.S. Chautham District Khagaria, ... Respondents.
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3. 29.07.2011 Heard learned counsel for the appellant, learned counsel
for the State and perused the order of the writ court.
The authorities have acted rightly to enquire and ensure
that the person having more marks should be appointed as teacher, in
place of the appellant who not only had lesser marks but was suspected
to have received favour as she was daughter of the concerned Mukhiya.
The writ court, in our view, has rightly refused to interfere. A person
having more marks has better claim and is expected to be a better
teacher.
This appeal is, accordingly, dismissed.
It goes without saying that if there are other posts
vacant, the appellant will be at liberty to apply against those posts and to
compete with others in accordance with law.
(Shiva Kirti Singh,J)
Jay/ ( Shivaji Pandey, J)