BISHWAMBHAR KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By the present application under Order 47, Rule 1 and Sec. 114 of the Code of Civil Procedure (for short Code of Civil Procedure ), the appellant (in the Letters Patent Appeal) seeks review of the order of the Division Bench, dated 08.08.2014, passed in L.P.A. No.1121 of 2013, vide which the Letters Patent Appeal of the petitioner was dismissed in limine finding no merit in the appeal against the order, dated 24.06.2013, passed by the learned Single Judge, vide which the Writ Petition of the petitioner has been dismissed.

(2.) The brief facts of the case are as follows :

(3.) We have heard Mr. Anil Kumar Jha, learned Senior Counsel for the petitioner. During the course of arguments, Mr. Jha has contended that in the concerned Gram Panchayat, only one post of Panchayat Teacher was vacant and it was meant for Shrawan Badhit (Deaf-Mute) and only two candidates of the said category, namely, (1) Punam Sinha and (2) Bishwambhar Kumar (petitioner), had participated in the counselling, but none of them was appointed. He has contended that the Tribunal, in its order, dated 12.03.2013, has erroneously held that the vacant seat was reserved for Scheduled Caste category. Similarly, the finding of fact, given by the learned Single Judge, while dismissing C.W.J.C. No. 8463 of 2013 vide, order dated 24.06.2013, that the post, in question, was meant for Scheduled Caste category, is erroneous.