KUMARI MANJU SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 25th April, 2016 whereby, the appointment of the appellant was set aside for the reason that the Selection Committee was chaired by her husband and, therefore, there is likelihood of bias.

(2.) Learned counsel for the appellant vehemently argued that the Selection Committee for appointment of Panchayat Teacher has no discretion as the selection has to be made on the basis of pre-determined criteria as mentioned in Rule 9 (v) of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. The Rules contemplate determination of merits on the basis of marks obtained in Matric/Higher Secondary and Intermediate and also two years experience in B.L.D. Since the merit is to be prepared on the basis of pre-determined criteria, the presence of the husband of the appellant has not caused any prejudice to any candidate as there was no discretion with her husband while making selection.

(3.) It is also contended that the presence of her husband was necessary as ex-officio member being the Mukhiya of the Gram Panchayat and, thus, keeping in view the doctrine of necessity, it cannot be said that the participation of the husband of the appellant has given unfair advantage to the appellant.