INDRADEO PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner by way of this writ petition assails the order passed by the State Appellate Authority dtd. 17/5/2019, whereby the order passed by the District Teacher's Employment Appellate Authority dtd. 28/12/2013 has been set aside and further order dtd. 17/10/2014 by which the petitioner's appointment has been cancelled with the further direction that the respondent no.8 shall be restored to the post where he was working prior to the passing of the order of appointment of the petitioner. It has been further directed to the Panchayat Secretary to pay the arrears of honorarium and salary to the respondent.

(2.) Learned counsel for the petitioner has contended that the respondent no.8 who was the appellant before the State Appellate Authority, was found to be not included in the final merit list prepared on 8/11/2006. There were two inquiries conducted with regard to final merit list and the enquiry report of Area Education Officer dtd. 24/9/2008 and of the Block Education Officer dtd. 26/9/2008 have found that the final merit list dtd. 8/11/2006 did not have the name of the respondent no.8. It has also been found that the merit list dtd. 30/11/2006 was followed, wherein the name of the respondent no.8 has been shown.

(3.) The brief facts which requires to be mentioned for adjudicating the present petition are that in response to an advertisement inviting application for employment as Panchayat Teacher at gram Panchayat, Bela Simari on 27/8/2006 under the rules of 2006, the respondent no.8 claims to have applied as a handicapped candidate under E.B.C. quota. The petitioner too has applied. There were 11 vacancies, out of which 3 posts for unreserved female and two post were reserved for E.B.C. and one post was reserved for E.B.C. female, SC female and BC female candidate respectively. Out of 11 post two post were for Urdu teacher and remaining for general teachers.