High Court Patna High Court - Orders

Amarjeet Kumar Sharma vs The State Of Bihar &Amp; Ors on 24 September, 2010

Patna High Court – Orders
Amarjeet Kumar Sharma vs The State Of Bihar &Amp; Ors on 24 September, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.13690 of 2010
                          AMARJEET KUMAR SHARMA
                                      Versus
                          THE STATE OF BIHAR & ORS
                                    -----------

2 24.9.2010 The petitioner challenges the order dated 28.7.2010

passed by the District Teacher Appointment Appellate Tribunal,

Nawada at Bihar Sharif passed in Appeal no. 1630 of 2009.By

the said impugned order, the tribunal has set aside the

appointment of the petitioner as Shiksha Mitra, as made in the

year 2003, at the behest of Mukhiya, Gorawan Gram Panchayat

Raj, Gorawan, Block- Silao, District- Nalanda .The tribunal has

sustained two grounds of challenge. Firstly, that in the year

2003, when the petitioner was recruited , roster was not properly

followed and secondly, that the petitioner had not got

intermediate qualification and as such had been rightly

terminated and could not have been re-instated.

Learned counsel for the petitioner states that for

appointment made in the year 2003 as Shiksha Mitra, which was

renewed subsequently several times and then ultimately

absorbed as Panchayat Teacher , the tribunal cannot entertain

the appeal in the year 2009 keeping in view of the decision in the

case of Alok Kumar -v- The State of Bihar & ors since

reported in 2009(2) PLJR 929 and other decisions consistently

on that line.

Issue notice to respondent nos. 7, 8 and 9 by
2

registered post and ordinary post, for which requisites etc. must

be filed within a week.

Till further orders of this Court, the impugned order

of the Tribunal, as contained in Annexure 9, being order dated

28.7.2010, passed in Appeal no.1630 of 2009, shall remain

stayed and will not be given effect to.

Let it be noted that the order of the tribunal at the

instance of another person has already been set aside by this

Court in CWJC No. 13290 of 2010 by order dated 3.9.2010 as

also memo no. 22, dated 4.8.2010 of the Mukhiya (Annexure

10).

( Navaniti Prasad Singh, J.)
singh