IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2953 of 2011
Ravi Shankar Prasad Singh, son of late Dhanushdhar Singh, resident of
village Bhathahi, P.S.Jandaha in the District of Vaishali
2.Dhaneshwar Roy, son of Sri Hariwansh Rai, resident of village
Hargobindpur, P.S. Mahnar in the District of Vaishali
3.Surendra Roy, son of Sri Amir Rai, resident of village Sarmastpur,
P.S.Mahnar in the District of Vaishali----------------------------petitioners
Versus
1.The State of Bihar through the Principal Secretary, Department of
Human Resources, Government of Bihar, Patna
2.The Director, Human Resources Department, Government of Bihar,
Patna
3.The District Magistrate-cum-Collector, Vaishali
4.The District Superintendent of Education, Vaishali
5.The Block Development Officer, Jandaha in the District of Vaishali
6.The Area Education Officer, Jandaha in the District of Vaishali
7.The Block Education Extension Officer, Jandaha in the District of
Vaishali--------------------------------------------------------------respondents
-----------
2. 23.9.2011 Heard learned counsel for the petitioners and learned
counsel for the State.
Learned counsel for the petitioners submits that the
petitioners along with 24 other candidates had earlier
approached the District Teacher Employment Appellate
Authority, Vaishali against the illegalities and irregularities
being committed in the process of recruitment of Block
Teachers by the Block Teacher Appointment Committee,
Jandaha and the same was disposed of by order dated
9.10.2009 with the observation that many of the applicants
were trained or having very high marks but bunglings are
being committed and the authorities were directed to ensure
2
that the petitioners were also given opportunity of
participation in the appointment process. The order was
communicated to the Secretary, Block Teacher
Appointment Committee, Jandaha and the District
Superintendent of Education, Vaishali for necessary action.
However, according to the petitioners, the illegalities were
continued and despite having approaching the various
authorities up to the District Magistrate no action has been
taken and certain persons have also been wrongly appointed
and no order has been communicated regarding the fate of
the petitioners’ applications.
In my view, if certain persons were appointed and
the petitioners claim to have obtained higher marks than
them, then where their appointments are illegal and invalid,
the matter should be considered at the first instance by the
District Teacher Employment Appellate Authority, Vaishali
itself, which is a quasi-judicial tribunal established for the
purpose of examining the facts of the matter in detail.
The writ application is disposed of with liberty to the
petitioners to approach the Appellate Authority in the
matter which has had no occasion to consider the matter
after some appointments have been made. In case, any such
3
application/appeal is filed before the Appellate Authority
the same should be considered keeping in view the fact that
the petitioners were pursuing their remedies before this
Court, and the same should be disposed of on merits
expeditiously, preferably within a period of four months
from the filing of the same.
(Ramesh Kumar Datta,J.)
Spal/