PRAHLAD PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the respondents.

(2.) Order dated 7th of Aug., 2015 passed by the learned Single Bench of this Court in C.W.J.C. No. 12032 of 2015 is subject matter of challenge in the present Letters Patent Appeal, whereby the order passed by the District Teachers Employment Appellate Tribunal dated 21st of July, 2015 was not interfered with.

(3.) The appellant was appointed as Panchayat Teacher. Such appointment came to be questioned by one Gariban Ranjan and Sanjay Kumar who had filed C.W.J.C. No. 3232 of 2013. The stand of the appellant was that he has been selected in accordance with law. The writ application was allowed and the matter remitted back to the Tribunal to decide the complaint of the petitioner in the said case in the light of the observations and findings given in the order with further direction that Tribunal must make its best of efforts to decide the case expeditiously. Therefore, the Tribunal in the impugned order found that there were many candidates who have obtained higher marks than the appellant in the Scheduled Caste Category who were not given opportunity for counselling and consequently found the appointment of the appellant as untenable. The Tribunal also did not find any merit in the stand of the appellant that candidates higher in merit did not appear though the notices were issued. The learned Tribunal, thus, allowed the appeal and set aside the appointment of the appellant and also directed Sri Vishwanath Paswan to be appointed as a candidate who acquired maximum marks in his category. Relevant part of the findings of the learned Tribunal reads as under:- HINDI MATTER