ALKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 7th respondent in CWJC No. 7944 of 2012 is in appeal. The writ petition was filed by the 7th respondent herein. The relevant facts are as under.

(2.) The Block Development Officer, Baikunthpur Gopalganj District, initiated steps for appointment of untrained teachers in the general category, reserved for women. The appellant and the 7 th respondent and certain other submitted their applications for the post. The qualification stipulated for the post is pass in Intermediate examination. On being selected by the concerned authority, the 7th respondent was appointed as teacher through order dated 4.3.2011. Challenging the same the appellant herein filed an appeal before the District Teachers Employment Appellate Tribunal, 6 th respondent, (hereinafter referred to as 'Tribunal'). The plea raised by the appellant was that she secured 70.8% marks, whereas the 7th respondent secured 70% marks in the Intermediate. The Tribunal accepted her contention and allowed the appeal. It was directed that the appointment of the 7th respondent be cancelled and the appellant shall be appointed. Aggrieved by the said order, the 7th respondent filed the writ petition.

(3.) The learned Single Judge has allowed the writ petition and has set aside the order passed by the Tribunal. Hence, this Letters Patent Appeal.