SANJAY KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-1 is the order of the District Teachers Appointment Appellate Authority, Rohtas which has been challenged in the present writ application. This order was passed on the direction of the High Court when petitioner was given liberty to move the said Appellate Authority. Impugned order is dated 3.2.2011.

(2.) Consistent case of the petitioner all along has been that he was an applicant for the post of Panchayat Teacher. Counseling was done and he had every eligibility to be appointed on the post as such as he had 67.11% marks but on the spacious plea that he did not turn up on the date of issuance of appointment letter, person with lesser marks, namely, respondent no. 8 Md. Imran with 63% marks was appointed by the said Panchayat.

(3.) Learned counsel for the petitioner submits that there was deliberate mischief on the part of the Panchyat concerned to deny the benefit of appointment despite petitioner having many per cent higher marks than the appointed candidate, namely, respondent no. 8 Md. Imran. There is material to show that he had appeared alongwith Md. Imran for receiving appointment letter but the Panchayat authorities avoided or evaded issuance of latter to the petitioner and surreptitiously appointed respondent no. 8. Both of them belong to the extremely backward class and they were claimant to the same post on which the petitioner was denied the appointment.