PRAKASH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the order dated 29th April, 2011 made by the learned Single Judge in above CWJC No. 15339 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent.

(2.) The matter at dispute is the selection of the respondent no: 13, one Prakash Ram for appointment as Panchayat Teacher in Turki Middle School, Gram Panchayat-Tariyama, P.S.-Bakhityarpur, District-Saharsa pursuant to a selection process commenced in 2006 under the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as 'the 2006 Rules').

(3.) It is the grievance of the appellant that although the appellant had higher marks than the respondent no. 13, respondent no. 13 was shown above the appellant in the merit list and was selected for appointment as Panchayat Teacher. The complaint made to the Appellate Authority under Rule 18 of the 2006 Rules was rejected on 24th July, 2010. The Appellate Authority recorded that the appellant had 53.55% whereas the respondent no. 13 had 54.55% marks. Thus the respondent no. 13 had a higher merit than the appellant.