SUMITRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of the State of Bihar, Respondents No. 4 and 5, Respondents No. 6, 7, and 8. The petitioner in the present writ application seeks quashing of the order dated 14.4.2012 passed in Case No. 102 of 2009 by District Teacher Employment Appellate Authority, Araria, by which the appointment of the petitioner and other persons as Panchayat Teacher has been terminated on various grounds as indicated in the order of the Tribunal.

(2.) Learned Senior Counsel appearing on behalf of the petitioner has drawn my attention to an order of this Court passed in C.W.J.C. No. 9538 of 2012 dated 3.4.2014 to contend that the said order dated 14.4.2012 passed in Case No. 102 of 2009 by the Tribunal, which is impugned in the present writ application has been set aside by this Court declaring specifically that the Appellate Authority applied wrong principles of law and the reason assigned by the Appellate Authority was not sustainable in law. By the said order, the matter has been remanded back to the Appellate Authority to pass an order afresh in accordance with law.

(3.) Learned counsel appearing on behalf of the Respondents have contended that the petitioner's appointment has been set aside by the Tribunal on the ground that certificate submitted by her was found to be forged and was wrongly appointed on the basis of certificate issued by West Bengal Board which was contrary to the Bihar Panchayat Primary Teacher (Appointment and Service Condition) Rules, 2006 (hereinafter referred to as 'Rules'). They have, however, failed to convince this Court as to how the Tribunal reached to the finding that the said certificate was forged and her appointment was illegal contrary to the provisions of 2006 Rules.