PURSHOTTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. This Court has already dismissed the present writ application by an order dated 21.11.2013 with a direction to the respondents to comply the order passed by the District Teachers Employment Appellate Tribunal, Nalanda (hereinafter to be referred to as 'the Tribunal') dated 18.9.2012 in Appeal No. 234 of 2011 because the respondent no.7 on account of the interim order passed on 22.11.2012 had already suffered for a period over one year despite his being a better candidate on merit for his appointment on the post of Panchayat Teacher in the Physically Handicapped Category than the petitioner, such reasons for dismissing this writ application are now being recorded in this judgment.

(2.) AS noted above, the petitioner has assailed an order of Tribunal dated 18.9.2012 in Appeal No. 234 of 2011. The aforesaid case was filed by respondent no.7 assailing the appointment of the petitioner on the post of Prakhand Teacher on the ground of his (petitioner) being inferior candidate on merit in view of his having obtained only 53.66% marks in the qualifying examination as against the respondent no.7 obtaining 56.55% marks. The Tribunal by the impugned order has upheld the challenge of the respondent no.7 while setting aside the appointment of the petitioner with a consequential direction to consider the cases of all other eligible persons including Respondent no. 7 despite having higher marks in the category of visually challenged persons were left out from zone of consideration on account of illegality committed by the appointing unit namely Prakhand and its Prakhand Vikas Padadhikari (B.D.O.), Chandi

(3.) IN this case, notices were issued to the respondent no.7 by an interim order dated 22.11.2012, while also directing for maintenance of status quo till further order and it is in response to the same, the respondent no.7 has appeared and has also filed counter affidavit.