AMOD KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner being aggrieved by the order, dtd. 10/12/2018, passed by the learned State Appellate Authority in appeal case No. 362 of 2017, has filed the present writ application whereby the order, dtd. 24/9/2011, passed by the District Teachers employment Appellate Authority, Araria, in case No. 07 of 2008, has been set aside and respondent No. 8 has been directed to be reinstated as Panchayat Teacher in middle school Kolhua Gram Panchayat Kamaldaha district Araria with consequential benefits.

(2.) The factual matrix of the case is that pursuant to the advertisement published in the year 2005, the process of appointment of Panchayat Shiksha Mitra (hereinafter referred to as P.S.M.) started in the Gram Panchayat Kamaldaha, under Kursa Kanta block, in Araria district. Eight vacant posts of P.S.M. were advertised for different schools, situated in the Gram Panchayat, out of which two posts were advertised under unreserved category, 2 posts were for UR-female, one for SC-male, one for SC-female, one for EBC-male and one for EBC-female. No post for BC category was advertised for appointment. The petitioner applied for appointment of Shiksha Mitra under general category whereas the respondent No. 8 had applied under BC category despite the fact that no post of BC category was advertised.

(3.) The Selection Committee, on the basis of merit panel prepared category-wise, issued appointment letter to the petitioner in general category, however, the appointment letter to respondent No. 8 was also issued having higher marks than the petitioner under BC category which would be evident from Annexure R8/3 of the counter affidavit.