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 -----------
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.)