IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 13141 of 2010
MD JAMEEL AKHTAR
Versus
THE STATE OF BIHAR & ORS
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2 08.10.2010 By this writ application, the petitioner challenges the order
dated 05.05.2010 passed by the District Teachers Appointment Appellate
Tribunal, Gaya in Case No 709 of 2009. By the said order, the Tribunal,
without there being a complaint by any specific individual, suo motu
examined the appointments of Panchayat Teachers and held that
appointment of, inter alia, the petitioner, as an untrained Teacher in place
of trained Teacher, was bad. Learned counsel for the petitioner first
submits that there is no such suo motu omnibus jurisdiction on the
Tribunal. The jurisdiction of the Tribunal is upon a complaint being made
to it. Secondly, it is submitted that the Tribunal, giving general findings
based on suspicion and surmises, has held the appointments to be bad
whereas in fact only one trained Teacher was available for selection but
he had already taken up employment in another Panchayat long before
counselling for this Panchayat and, as such, in absence of a trained
Teacher, the appointments cannot be said to be invalid for any reason.
Learned counsel for the State is unable to show that anyone
specifically lodged any complaint with the Tribunal. He seeks time to
seek instructions and file a comprehensive counter affidavit. Let him do
so within four weeks.
Till further orders of this Court, the impugned order of the
Tribunal, as contained in Annexure-1, shall remain in abeyance in so far
as petitioner is concerned. Petitioner is entitled to work and get full
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remuneration subject to final orders of this Court.
Put up For Admission on 15th of November, 2010.
M.E.H./ (Navaniti Prasad Singh)