High Court Patna High Court - Orders

Rupam Rai vs The State Of Bihar &Ors on 11 July, 2011

Patna High Court – Orders
Rupam Rai vs The State Of Bihar &Ors on 11 July, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL WRIT JURISDICTION CASE No.3842 of 2008
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RUPAM RAI, W/O SHRI ARUN KUMAR, R/O VILLAGE AND
P.O.-DHURLAKH, P.S AND DISTRICT-SAMASTIPUR.

…. …. Petitioner/s
Versus

1. THE STATE OF BIHAR. THROUGH THE
COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES
DEVELOPMENT DEPARTMENT, BIHAR, PATNA.

2. THE HEAD SECRETARY, THE HUMAN RESOURCES
DEVELOPMENT DEPARTMENT, BIHAR, PATNA.

3. THE COLLECTOR, SAMASTIPUR.

4. THE SUB-DIVISIONAL OFFICER, SAMASTIPUR.

5. THE DISTRICT EDUCATION OFFICER, SAMASTIPUR.

6. THE DISTRICT SUPERINTENDENT OF EDUCATION,
SAMASTIPUR.

7. THE BLOCK DEVELOPMENT OFFICER, JITWARPUR.

8. THE BLOCK EDUCATIONAL EXTENSION OFFICER,
JITWARPUR, SAMASTIPUR.

9. THE SUPERVISOR, BLOCK AND DISTRICT-SAMASTIPUR.

10. SMT. JANKI DEVI, MUKHIYA, GRAM PANCHAYAT RAJ,
SHAMBHUPATTI, BLOCK AND DISTRICT-SAMASTIPUR.

11. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ,
SHAMBHUPATTI, BLOCK AND DISTRICT-SAMASTIPUR

12. RAUSHAN SHARMA, W/O SHRI SUKHDEO SHARMA, R/O
VILLAGE-BHUIDHARA, P.O.-DHURLAKH, P.S. AND
DISTRICT-SAMASTIPUR.

…. …. Respondent/s
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Appearance :

                 For the Petitioner/s   :    Mr. Bhubneshwar Prasad
                 For the Respondent/s   :    Mr. (Gp12)

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4 11-07-2011 I.A. No.4367 of 2011

Petitioner has filed this I.A. bringing on record an

order of the District Teachers Employment Appellate Authority

dated 20.08.2010 passed during the pendency of this writ

application and has sought liberty to challenge the same also.

The I.A. is allowed. Petitioner is granted liberty to

challenge the said order of the Appellate Authority.

From the order of the Appellate Authority dated

20.08.2010, it appears that on the basis of the records and reports

of the authorities the Appellate Authority came to the finding that

on the date of selection i.e. 09.03.2007 petitioner and others had

not appeared before the Selection Committee. Hence, a candidate

from the waiting list was appointed. This is a pure question of fact.

There is nothing on record to suggest that the Appellate Authority

has committed any error of record in respect of the said finding.

In the circumstances, this Court does not find any

merit in the writ application and the same is dismissed.

(Jayanandan Singh, J)
Arvind/