ABHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 7th February, 2012 passed by the learned Single Judge in CWJC No. 11233 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. It appears that pursuant to the 2005 selection process the appellant was appointed as Panchayat Shiksha Mitra under the Gram Panchayat, Saisad, Block-Dinara, District-Rohtas. Her appointment as Panchayat Shiksha Mitra came to be challenged by the petitioner Renu Kumari before the District Magistrate, Rohtas. As the District Magistrate, Rohtas did not consider the objection raised by the writ petitioner; she approached this Court under Article 226 of the Constitution in CWJC No. 3379 of 2009.

(2.) This Court (Coram: Ajay Kumar Tripathi, J.), under order dated 20th March, 2009, directed the District Magistrate to consider the matter and do the needful.

(3.) Pursuant to the said direction, the District Magistrate, under his order dated 8th January, 2010, recorded a finding that the complainant Renu Kumari had secured 480 marks out of 900 marks in the compulsory/optional subjects whereas the appellant had secured 444 marks out of 900 marks in the compulsory/optional subjects. The appellant had obtained 484 marks out of 1000 marks including the vocational subject opted for by her. Thus, the complainant Renu Kumari had higher merit than the appellant and she should have been selected and appointed as Panchayat Teacher. In view of the said finding, the District Magistrate directed to cancel the appointment of the appellant. The said order was challenged by the appellant before the District Teachers Employment Appellate Authority, Rohtas in Case No. 22 of 2010. The said Appellate Authority, under its order dated 25th March, 2010, refused to entertain the appeal as time barred. The Appellate Authority also observed that it had no jurisdiction to entertain the appeal. The challenge to the said order in above CWJC No. 11233 of 2010 has failed before the learned Single Judge. Therefore, this Appeal.