High Court Patna High Court - Orders

Surendra Prasad vs The State Of Bihar &Amp; Ors on 9 March, 2011

Patna High Court – Orders
Surendra Prasad vs The State Of Bihar &Amp; Ors on 9 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.10758 of 2010
                 1. SURENDRA PRASAD S/O SRI INSPECTOR PASWAN
                 R/O VILL.- GAMHARIYAN, P.O.- BAROAN, P.S.-
                 BAROAN, DISTT.- ROHTAS
                                           Versus
                  1. THE STATE OF BIHAR
                  2. THE DISTRICT EDUCATION OFFICER, KARAN
                  SARAI, ROUZA ROAD, SASARAM, DISTT.- ROHTAS
                  3. SMT. LAKMUNA DEVI W/O SRI BHAGWAN RAM
                  MUKHIYA, GRAM PANCHAYAT PAWANI, R/O VILL.-
                  PAWANI, P.S.- NASARIGANJ, DISTT.- ROHTAS
                  4. MADHUKAR SINGH, THE THEN SECRETARY
                  PANCHAYAT SAMITI GRAM PANCHAYAT PAWANI,
                  NASARIGANJ, BLOCK DISTT.- ROHTAS R/O VILL.-
                  BARAON, P.O.- BARAON, P.S.- NOKHA, DISTT.-
                  ROHTAS
                  5. SRI BHAGWAN RAM S/O LATE GHURABU RAM
                  VILL. & P.O.- PAWANI, P.S.- NASARIGANJ, DISTT.-
                  ROHTAS
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2 09/03/2011 Petitioner submits that his application filed

before the District Teachers Appointment Appellate

Authority, Rohtas was not entertained on the ground that

he is an appointee of 2007 whereas the Authority has

been constituted in the year 2008.

The Court fails to understand the rationale and

logic behind such a stand taken by the Appellate

Authority because the date of constitution does not

decide the forum. Forum has been created for

adjudication of dispute relating to appointment and that

cannot be a ground for not entertainment of an
-2-

application. If the petitioner files a fresh application with

proper pleadings, the same will be looked into and

decided on its own merit by the Appellate Authority

concerned.

This writ application is disposed of with the

above direction.

AMIN/                   (Ajay Kumar Tripathi, J.)