SHAKIL AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the order dated 30th March, 2012 made by the learned Single Judge in CWJC No. 8137 of 2011, the writ petitioner Nos. 2 and 3 have preferred this Appeal under Clause 10 of the Letters Patent. The matter at issue is the appointment of the petitioners as Panchayat Shiksha Mitra under the Gram Panchayat Gagri, District-Sheikhpura made in 2005. Pursuant to their appointment as Panchayat Shiksha Mitra, on and from 1st July, 2006 the petitioners were absorbed in service as Panchayat Teacher.

(2.) The respondent No. 9, one Shambhu Sharan, approached the District Teachers Employment Appellate Authority, Sheikhpura (hereinafter referred to as "the Appellate Authority") complaining that his appointment as Panchayat Shiksha Mitra was discontinued for want of requisite qualification. On his acquiring the requisite qualification, although he was restored as Panchayat Teacher pursuant to the Government Resolution dated 4th July, 2008, he was not posted in the Primary School Gunhesa; and that he was not paid salary since 20th May, 2009. While considering the said complaint in Appeal No. 3 of 2010, the Appellate Authority ventured into examination of the appointment of the writ petitioners as Panchayat Shiksha Mitra made in 2005 and held that the said appointments were made without following due procedure. Consequently, the Appellate Authority set aside the appointment of the writ petitioners.

(3.) Feeling aggrieved, the writ petitioners approached this Court under Article 226 of the Constitution in above CWJC No. 8137 of 2011. The learned Single Judge was pleased to affirm the order of the Appellate Authority and to dismiss the Writ Petition. The learned Single Judge was pleased to observe, "In a State where many educated youth are facing problem of unemployment, it is unthinkable that the Gram Panchayat had only three applicants against the vacancies created by removal of three persons. There is nothing to show that said three posts were advertised by the Gram Panchayat and the opportunity was given to all and every person, who were otherwise eligible for consideration of such appointment. Obviously, the three persons including the present petitioner had been appointed through backdoor after removing three other persons by the Panchayat may be for extraneous consideration." Therefore, this Appeal.