MANOJ KUMAR S/O SHYAMLAL RAM Vs. STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard counsel for the petitioner and counsel appearing for the State.

(2.) Prayer of the petitioner is for quashing of the order dated 24.9.2009 passed by the District Teachers Employment Appellate Tribunal, Kaimur, Bhabhua in Appeal No. 36 of 2009. The Appellate Tribunal by this order has cancelled the appointment of the petitioner while considering the complaint filed by one Dinesh Kumar. The process of appointment had been initiated in the year, 2006 appointment finally made in February, 2007. Sub-sequently, one Dinesh Kumar, filed an objection before the Tribunal stating that though he participated in the counselling and had higher percentage of marks than the appointed candidate Manoj Kumar, his candidature was not considered for appointment: Manoj Kumar, having lesser marks was appointed. The Tribunal has discussed the complaint filed by Dinesh Kumar and the case of petitioner Manoj Kumar. Final finding recorded by the Tribunal is that Dinesh Kumar claimed higher marks than the petitioner, on the basis of the mark-sheet, which was never placed before the Appointment Committee alongwith his application. In course of the consideration by the Appellate Tribunal, Dinesh Kumar himself admitted this fact. The Panchayat Secretary, who also participated in the proceeding, brought this fact before the Tribunal that Dinesh Kumar, in fact, had not participated in the counselling, as such there was no occasion to consider his candidature for appointment. Subsequently, this fact was also admitted by Dinesh Kumar and finally he withdrew his objection against the appointment of the petitioner.

(3.) Counsel for the petitioner submits that the peculiarity of the impugned order is that though objection made against the petitioner's appointment was withdrawn by the complainant, petitioner's appointment has been held to be illegal and cancelled.