VEENA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for petitioner and the learned counsel appearing on behalf of the State.

(2.) The present writ petition has been filed for the following reliefs:-

(3.) The brief facts which are essential for adjudication of the present writ petition are that an advertisement was published for appointment of Panchayat Teacher in the State of Bihar, including the Gram Panchayat Raj, Chipura under the Sampatchak Block of Patna District. The petitioner, the respondent no. 8 and several others submitted their respective applications, for the said recruitment. Counselling was held on 10/11/2007, wherein a list of altogether 18 candidates was prepared, who participated in the said counselling. The name of the petitioner was at serial no. 3, whereas the name of the respondent no. 8 figures at serial no. 6 of the said list. One nitu Sinha was finally selected. The respondent no. 8 herein, filed a writ petition bearing C.W.J.C. No. 14884 of 2009, before this Hon 'ble Court against the selection of the Panchayat Teacher, since her application, wherein she made complaint with regard to her non-selection and illegalities committed in the selection process was not being considered by the local authorities. Vide order dtd. 9/2/2010, the writ petition was disposed of with a direction to the respondent no. 8 to file an appeal before the District Teachers Employment Appellate Tribunal, Patna. In compliance of the order dtd. 9/2/2010, passed in C.W.J.C. No. 14884 of 2009, the respondent no. 8 filed Case No. 24 of 2010 before the District Teachers Employment Appellate Tribunal, Patna. The Tribunal proceeded to dispose of the application filed by the respondent no. 8 vide order dtd. 12/4/2010, whereby the entire appointment of the Chipura Panchayat for the year 2006 and 2007 was cancelled and direction was issued to initiate fresh appointment process. One Shila Kumari filed C.W.J.C. No. 9764 of 2010 before this Hon 'ble Court whereby a prayer was made for quashing the order passed by the District Teachers Employment Appellate Tribunal, Patna on 12/4/2010, in Case No. 24 of 2010, filed by the respondent no. 8. The writ petition filed by Shila Kumari was disposed of vide order dtd. 28/2/2011 by a Hon 'ble Single Judge of this Court whereby the matter with regard to Shila Kumari was set aside and was remitted back to the appellate authority for proceeding afresh with regard to Shila Kumari. It is further case of the petitioner that the respondent no. 8 herein, filed C.W.J.C. No. 15708 of 2010, before this Hon 'ble Court for compliance of the order dtd. 12/4/2010, passed by the District Teachers Employment Appellate Tribunal, Patna in Case No. 24 of 2010. The Hon 'ble Court vide order dtd. 20/11/2014 was pleased to dispose of the writ petition filed by the respondent no. 8 with a direction to approach the appellate authority for implementation of the order dtd. 12/4/2010. It is further case of the petitioner that one Nitu Sinha filed a writ petition bearing C.W.J.C. No. 6659 of 2011 before this Hon 'ble Court, whereby the order dtd. 12/4/2010, passed by the District Teachers Employment Appellate Tribunal, Patna in Case No. 24 of 2010 was assailed. The said writ petition was disposed of vide order dtd. 12/7/2017 with a direction to the said Nitu Sinha to file her appeal before the State Appellate Authority, assailing the order dtd. 12/4/2010, passed in Case No. 24 of 2010. Nitu Sinha did not file any appeal against the order dtd. 12/4/2010, passed by the District Teachers Employment Appellate Tribunal, Patna in Case No. 24 of 2010. Subsequently, one Puja Kumari filed C.W.J.C. No. 1324 of 2014, before this Hon 'ble Court on 3/1/2014, assailing the order dtd. 12/4/2010, passed by the District Teachers Employment Appellate Tribunal, Patna in Case No. 24 of 2010. The said writ petition was dismissed by this Hon 'ble Court vide order dtd. 16/5/2014. Puja Kumari filed Letters Patent Appeal bearing L.P.A. No. 1366 of 2014 on 8/9/2014, whereby she assailed the order dtd. 16/5/2014, passed in C.W.J.C. No. 1324 of 2014. The said appeal was allowed vide order dtd. 11/1/2016 by setting aside the order of the Tibunal dtd. 12/4/2010. In terms of the directions given by this Hon 'ble Court on 20/11/2014 in C.W.J.C. No. 15708 of 2010, the respondent no. 8 filed appeal Case No. 80 of 2014, before the District Teachers Employment Appellate Tribunal, Patna. The said appeal filed by the respondent no. 8 was disposed of vide order dtd. 5/6/2015 with a direction to the Panchayat Secretary to take appropriate actions within 30 days from the date of passing of the order with respect to the respondent no. 8. In the appeal preferred by the respondent no. 8, no notices were issued to the petitioner and other claimants. The Panchayat Secretary, without any notice to other claimants, including the petitioner, directly appointed the respondent no. 8 for extraneous consideration. The respondent no. 8 gave her joining on 10/9/2015 and is said to have been discharging her duties since then. The petitioner filed C.W.J.C. No. 13217 of 2016 before this Hon 'ble Court whereby she assailed the order dtd. 5/6/2015 passed in appeal Case No. 80 of 2014, which resulted in appointment of respondent no. 8 herein. The writ petition was disposed of vide order dtd. 22/8/2017, with a direction to the petitioner to file her appeal before the State Appellate Authority. The petitioner filed an appeal bearing appeal Case No. 544 of 2017 before the State Appellate Authority, whereby she assailed the order dtd. 5/6/2015 passed by the District Teachers Employment Appellate Tribunal in appeal Case No. 80 of 2014, filed by the respondent no. 8 herein. The State Appellate Authority proceeded to dismiss the appeal filed by the petitioner vide a reasoned order dtd. 15/7/2019 without considering all the documents and also on the ground of limitation.