KANCHANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present Letters Patent Appeal arises out of an order dated 08.01.2015 passed by a learned Single Judge of this Court in CWJC No.18222 of 2010 by which the learned Single Judge has been pleased to dismiss the writ application filed by the present appellant challenging the order dated 28.06.2010 passed by the District Teachers' Employment Appellate Authority, Khagaria (in short "the Appellate Authority") in Appeal Case No.89-01/09 (Annexure-1 to the writ application). The Appellate Authority rejected the application of the writ petitioner-appellant and upheld the appointment of Anuja Kumari (respondent no.9 in the writ application) holding that her appointment was in accordance with the provisions of the Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2006.

(3.) The present appellant and the respondent no.9 belong to the Scheduled Castes (Women) category who applied for their appointment as Panchayat Teacher under the provisions of the Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as the "Rule") in Gram Panchayat Raj, Bachhauta in the District of Khagaria. The grievance of the writ petitioner-appellant was that the respondent no.9 has been appointed wrongly at roster point no.940 which was reserved for Scheduled Castes (Women) category because the said respondent no.9 had obtained only 47.22% marks which was far less than the marks obtained by the writ petitioner-appellant being 54%. The submission of the writ petitioner was that even though her name came to be considered against the said roster point no.940 and was selected in the 6th merit/select list, but she was not informed about giving her consent. It was, therefore, submission of the writ petitioner-appellant that the selection of respondent no.9 in the 7th merit/select list against the roster point no.940 was not correct, hence the same is liable to be set aside.