RANJANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. Annexure-1 is the order of the District Teachers Employment Appellate Tribunal, Samastipur, dated 24.02.2012. A direction was issued upon the authorities concerned to consider appointment of the petitioner as a Panchayat Teacher, because she comes within the physically handicapped category under the BC quota.

(2.) The issue before the tribunal was non-appointment or non-selection of the petitioner as a Panchayat Teacher, despite having highest of marks. However, from the reading of the impugned order itself it is evident that the vacancy positions available for the said Panchayat was not an open ended position, but reservation had been provided for against each and every posts, which was required to be filled up by the Panchayat. It is also not a matter of dispute that as per the roaster point, there was no vacancy position available for physically handicapped under the BC category. The reservation was available under the SC category.

(3.) If this be so, then, obviously, the District Teachers Employment Appellate Tribunal had exceeded its jurisdiction by directing the subordinate authorities of the Education Department to alter the roaster position, which is not within their domain or jurisdiction.