ASHWENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ applications have been clubbed together and are being disposed of together as they arise out of a common order passed by the District Teachers Employment Appellate Authority, Muzaffarpur in Case No. 1796 of 2009, decided on 9.5.2011. The impugned orders are Annexure -6 in both the writ applications.

(2.) ASHWENDRA Kumar, who is petitioner in CWJC No. 9844 of 2011, is aggrieved because his appointment as a Panchayat Teacher has been set aside. Therefore, he wants quashing of the order.

(3.) THE matter of appointment relates to the year 2006 -2007 in the Gram Pahchayat Karnpur South in Bochaha Block of the District -Muzaffarpur. Satya Narayan Bhagat approached the High Court by filing a writ application which was CWJC No. 7555 of 2007 but the High Court relegated him to the tribunal to raise his grievance. The primary allegation made in the complaint before the tribunal by the petitioner of CWJC No. 11614 of 2011 is that Ashwendra Kumar 'sappointment was facilitated through the back -door despite the petitioner having better claim having higher marks. Things were manipulated to deny him the benefit for extraneous reasons. Large scale interpolations, if not replacement of the records, were done to facilitate appointment of Ashwendra Kumar and the patent illegality in the manner in which such appointment came to be made is in total breach of not only the laid down procedure but even the fair play.