IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 8599 of 2010
SHRIKANT KUMAR
Versus
THE STATE OF BIHAR & ORS
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2 08.07.2010 The petitioner, in 2003, had applied for the post of Shiksha
Mitra. He was Barhai by caste. He had sought appointment under the
reserved backward category. The Selection Committee appointed him as
Shiksha Mitra against vacancy available under extremely backward
category instead of backward category. His employment as Shiksha Mitra
was extended from time to time and apparently there were no complaints.
Ultimately when Government abolished the post of Shiksha Mitra and all
working Shiksha Mitras were absorbed as Panchayat Teachers in the year
2006, thereafter, it appears some objections were raised pursuant to which
the Block Education Extension Officer held that petitioner had been
wrongly given appointment and, as such, by the impugned order dated
24.04.2009, his appointment as Shiksha Mitra was declared to be illegal.
Petitioner then filed Appeal No 740 of 2009 before the District Teachers
Appointment Appellate Tribunal, Gaya which, by order dated 13.02.2010,
has refused to interfere in the matter on the same ground. As a matter of
fact, petitioner asserts that he had never sought employment in extremely
backward class and, however, by State Government notification dated
12.06.2009, Barhai has been notified as extremely backward class.
Learned counsel for the petitioner first submits that in view of decisions
of this Court in the case of Alok Kumar -Versus- State of Bihar since
reported in 2009 (2) PLJR 929 and in the case of Chandradeo Prasad –
Versus- State of Bihar since reported in 2009 (4) PLJR 318, petitioner’s
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initial appointment as Shiksha Mitra, as made in the year 2003, could not
have been interfered with.
Issue notice to respondents No 6 and 7 both under registered
cover as well as in ordinary course for which requisites etc must be filed
within one week failing which this application shall stand rejected without
further reference to the Bench.
In the meantime, State Counsel would seek instructions in
the matter and file a comprehensive counter affidavit so that the matter
may be disposed of at the stage of admission itself.
Put up For Admission on 16th August, 2010.
Till further orders of this Court, impugned orders, as
contained in Annexures-2 and 3 being the order of the Block Education
Extension Officer and the Tribunal respectively shall remain in abeyance.
M.E.H./ (Navaniti Prasad Singh)