RANJU KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of order dated 15.12.2012, passed by the District Teachers Appointment Appellate Authority (herein after referred to as 'the Appellate authority'), Araria by which it has held that the caste of the petitioner namely 'Chaupal' does not belong to the Scheduled Caste.

(2.) Pursuant to advertisement, the petitioner applied for the post of Primary teacher under Scheduled Caste category on the basis of caste certificate, dated 20.03.2006 issued by the Circle Officer, Bhargama, district Araria, showing her to be belonging to Chaupal caste falling within the Scheduled caste. The petitioner was called for counselling on 23.2.2007 along with all the original certificates by the Secretary, Gram Panchayat Kushmaul Block, Bhargama, district Araria. After being satisfied that she belonged to the Scheduled Caste category, she was issued appointment letter and was allowed to join the post of Panchayat Teacher on 25.2.2007 which was accepted by the Block Education Officer. However, on a general complaint, the Block Development Officer-cum-Appellate authority cancelled the appointment vide order dated 4.5.2008. Petitioner challenged the said order in C.W.J.C. No. 10238 of 2008 which was disposed of on 12.9.2011 with a direction to the newly constituted Appellate authority to decide the same after hearing all the parties. On remand, the appellate authority cancelled the appointment of the petitioner taking a view that Chaupal caste does not come within the Scheduled caste category. Being aggrieved, the petitioner has filed the instant writ petition.

(3.) The matter came up for hearing on 1.3.2016 on which date this Court after hearing the parties passed following order:-