IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.680 of 2011
In
(CIVIL WRIT JURISDICTION CASE 10942/2010)
1. MD. AQUIL S/O MD. IDRIS R/O VILL.- SAKARA FARIDPUR, P.S.- SAKARA,
DISTT.- MUZAFFARPUR
2. BINDESHWAR RAI S/O SHRI MAHENDRA RAI R/O VILL.- MARUAHA, P.S.-
SAKARA, DISTT.- MUZAFFARPUR
3. KUNDAN LATA D/O SIARAM PD. SINGH R/O VILL.- KATESAR, P.S.- SAKARA,
DISTT.- MUZAFFARPUR .....Appellants
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES AND
DEVELOPMENT, GOVT. OF BIHAR, PATNA
3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA
4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR
5. THE BLOCK DEVELOPMENT OFFICER, SAKARA, MUZAFFARPUR
6. THE BLOCK EDUCATION AND EXTENSION OFFICER, SAKARA-II,
MUZAFFARPUR
7. THE MEMBER, DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL,
MUZAFFARPUR
8. THE MUKHIYA, KATESAR GRAM PANCHAYAT, SAKARA, MUZAFFARPUR
9. THE PANCHAYAT SECRETARY KATESAR GRAM PANCHAYAT, SAKARA,
MUZAFFARPUR
10. SANJU KUMARI,
11. MD. SALAUDDIN, ASSISTANT TEACHER NEW PRIMARY SCHOOL,
MARUAHA, MUKHIYA TOLA, SAKARA, MUZAFFARPUR .....Respondents
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2 05-08-2011 Heard learned counsel for the appellant.
The writ court has placed reliance upon
findings given by the Appellate Tribunal, particularly,
those in paragraphs 27, 36 and 44 for forming a
conclusion that the appointment process relating to the
writ petitioners on the post of Panchayat Teacher was
against the rules governing such appointment and the
Panchayat Secretary alone created the list of selected
candidates without paying heed to the requirement of
2
rules.
An attempt was made by learned counsel for
the appellants to show that the Tribunal has not come
to correct conclusions.
The Tribunal had the opportunity of going
into the documents and registers of the Panchayat and
after considering the relevant materials it has come to a
relevant finding of facts.
We cannot act as an appellate forum for
reappraising the evidence for the purpose of reversing
the finding of facts.
We have also looked into some paragraphs
of the order of the Appellate Tribunal, particularly,
those in paragraphs 44 and 45. They clearly held the
entire selection process to be vitiated including the
process under which these appellants were appointed.
We find no good reasons to interfere in the
matter. The appeal is dismissed.
(Shiva Kirti Singh, J.)
(Shivaji Pandey, J.)
BKS/-