SUBODH KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Both these writ applications arise out of the same impugned order passed by the Block Development Officer, Khutauna, whereby and whereunder, while he has rejected the case of Subodh Kumar Yadav the petitioner in C.W.J.C. No. 16486/2008 for appointment on the post of Panchayat Shiksha Mitra on the ground that the post of Panchayat Shiksha Mitra has been abolished on and after 1.7.2006, it has also directed for termination of the service of the Nagmani Prasad petitioner in C.W.J.C. No. 13708 of 2008 on the ground that the petitioner Subodh Kumar Yadav despite having secured higher marks and better weightage was wrongly edged out in course of appointing Nagmani Prasad as a Panchayat Shiksha Mitra.

(3.) Mr. Hemendra Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner Subodh Kumar Yadav has submitted that once the Tribunal, the B.D.O. being the competent authority under Rule 18 of Bihar Panchayat Teachers Appointment Rules, 2006, hereinafter referred to as the Rules had come to a conclusion that the petitioner Subodh Kumar Yadav was wrongly left out in the process of selection and appointment on the post of Panchayat Shiksha Mitra, he had no option but to issue a direction for appointing the petitioner Subodh Kumar Yadav as Panchayat Shiksha Mitra so that he could be eventually absorbed on the post of Panchayat Teacher in terms of Rule (iii) of Bihar Panchayat Teachers Appointment Rules, 2006. In this context, he has placed reliance on an order of Division Bench of this Court dated 23.7.2008 passed in L.P.A. No. 945 of 2007 (Manoj Kumar Mandal V/s. State of Bihar and Others) as also on an order of this Court in the case of Rima Kumarf V/s. The State of Bihar, 2012 1 PLJR 107.