ARVIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 18.4.2018 passed by the learned State Appellate Authority in Appeal No. 51 of 2017 whereby and whereunder the appeal filed by the Private Respondent No. 11 has been allowed.

(2.) The brief facts of the case are that the petitioner herein passed his matriculation examination in the year 2001 in first division, the intermediate examination in second division, B.A. (Hons) in Geography in second division and thereafter he has also passed the T.E.T Exam. It is the case of the petitioner that he is a permanent resident of the State of Bihar, as is evident from his residential certificate issued by the Circle Officer, Bagaha-I, West Champaran and belongs to the backward class, as is also apparent from the caste certificate issued by the Circle Officer, Bagaha-I, West Champaran. The petitioner is stated to have passed Bihar Elementary Teachers Eligibility Test (herein after referred to as the "BETET") in the year 2011, held by the Bihar Examination Board, Patna, hence, is qualified to be appointed as a Primary Teacher. In the year 2012, the petitioner had applied for appointment as Block Teacher at Bagaha I. The Appointment Rules of the year, 2006 clearly mentions that for appointment as Block Teacher, a candidate must be a citizen of India and should be permanent resident of State of Bihar. Ultimately, the petitioner is stated to have not been appointed as a Block Teacher, hence, he was compelled to file a case before the learned District Appellate Authority, West Champaran at Bettiah bearing Case No. 25 of 2015, which was allowed by the learned District Appellate Authority by an order dated 9.9.2016 and the following findings were recorded in the said judgment, gist whereof is reproduced herein below:-

(3.) It is the case of the petitioner that after the aforesaid order dated 09.09.2016 was passed by the Ld. District Appellate Authority, the petitioner was selected on 27.3.2017 by the Block Niyojan Samiti Bagaha-I, West Champaran and was posted at Government Middle School, Tola Parsauni, Bagaha-I vide memo no. 303 whereupon the petitioner had joined on 30.3.2017 and is working since then.