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