IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2337 of 2010
AJEET KUMAR S/O DEVENDRA PRASAD R/O MOHALLA- MAIN
ROAD, MASHUDHI, P.S.- MASHUDHI, DISTT.- PATNA
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY
PANCHAYAT RAJ, GOVERNMENT OF BIHAR, PATNA
2. THE COLLECTOR ARWAL
3. DISTRICT WELFARE ARWAL
4. THE SUB DIVISIONAL OFFICER ARWAL
5. THE SECRETARY GRAM PANCHAYAT RAJ
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02. 08.12.2010 Writ has been filed because the petitioner claims that he has
requisite merit and marks to be considered and appointed, in the district
of Arwal as a teacher. He has alleged that he has been arbitrarily ousted
from the zone of consideration and he has a rightful claim for
appointment.
State was directed to explain the situation and now a
counter affidavit has been filed where there is a clear evidence along
with assertions that the petitioner did not furnish the mark-sheets for his
training and other details which made his consideration untenable so
far as respondents are concerned. The receiving register has been
annexed as Annexure-A where name of the petitioner figures at serial
No.9 and the evidence speaks for itself. If the receiving register
indicates the factual position with regard to the claim of the petitioner,
then respondents have done no wrong by non-consideration merely
because he has furnished some material at the time of so-called
counselling.
In the opinion of the Court, the question of eligibility and
drawing up the merit list will be dependent upon availability of all the
marks and mark-sheets, which makes a person eligible at the
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threshhold. In absence of the same, petitioner has no right for
consideration.
It is a misplaced kind of writ application. The same is
dismissed.
rkp ( Ajay Kumar Tripathi, J.)