SUPRIYA KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner, counsel for the private respondent and the State.

(2.) THE petitioner assails Annexure - 6 dated 20.5.2013, which is an order of the District Teachers Employment Appellate Authority, East Champaran at Motihari passed in Case No. 321 of 2008 on the ground that no candidate is entitled to 20% marks over and above the percentage of marks worked out while preparing the merit list. A candidate is entitled to 20 marks and not 20% marks. The Tribunal or the Panchayat has obviously committed a mistake which is in teeth of a Division Bench decision rendered in the case of Chhotelal Chaudhary v. the State of Bihar, reported in : 2014 (3) PLJR 606. The Court after considering provisions, the rules etc. has very clearly laid down that it is 20 marks, which is required to be added to the total and not 20% marks over and above the percentage so calculated. If any candidate has been given weightage of 20% in the garb of 20 marks then obviously it is an erroneous and an unacceptable weightage in favour of a candidate which is not envisaged in terms of the provisions.

(3.) IN view of the same, the impugned order insofar as it relates to the private respondent No. 9 stands quashed. In view of the quashing of the order of the Tribunal, the Gram Panchayat is directed to take appropriate remedial measure in favour of the petitioner.