IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3043 of 2010
LAXMAN PASWAN S/O LATE MUNNI PASWAN R/O VILL
JALWARA, P.S.KEOTI, DISTT-DARBHANGA.
Versus
1. THE STATE OF BIHAR.
2. THE DISTRICT MAGISTRATE DARBHANGA.
3. THE DISTRICT SUPRINTENDENT OF EDUCATION
DARBHANGA.
4. THE BLOCK EDUCATION OFFICER-CUM-DY. DISTRICT
SUPERINTENDENT OF EDUCATION, DARBHANGA.
5. THE SUB-DIVISIONAL EDUCATION OFFICER SADAR,DISTT-
DARBHANGA.
6. PANCHAYAT SECRETARY JALWARA
PANCHAYAT,P.S.KEOTI,DISTT-DARBHANGA.
7. MUKHIYA JALWARA PANCHAYAT ,P.S.KEOTI,DISTT-
DARBHANGA.
8. MADAN KUMAR S/O SHIV NANDAN MAHTO R/O VILL
JALWARA,P.S.KEOTI,DISTT-DARBHANGA.
9. DISTRICT PRIMARY TEACHERS APPOINTMENT AUTHORITY
THROUGH ITS MEMBER DARBHANGA.
-----------
02. 13.12.2010 Failure of the petitioner to demonstrate before this Court
any policy or law which bars appointment of a person more so as a
Shiksha Mitra merely because of pendency of a criminal case does not
help the petitioner in any manner to dislodge respondent No.8 from the
post in question. Pendency of a criminal case by itself may not be
enough to prevent such appointment but if such a person is convicted
by a court of law the necessary corollary will follow.
Despite indulgence shown to the petitioner he has not been
able to satisfy this Court by producing any policy or law and in that
view of the matter the Court has no option but to dismiss the writ
application.
The new contention that respondent No.8 has found
engagement or employment as a Shiksha Mitra is another issue. If
respondent No.8 does not want to continue on the post of teacher in
2
question, then it is left to the authorities to decide what they would like
to consider with regard to the vacancy and this ground may not be a
good ground to set aside the selection or appointment of respondent
No.8.
The writ has no merit. It is dismissed.
rkp ( Ajay Kumar Tripathi, J.)