BHAWESH NATH JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the appellant, counsel for the private respondent and counsel for the State.

(2.) Since the writ application of private respondent no.9 was allowed and appointment of the present appellant, who was respondent no.8, on the post of a Panchayat Teacher was set aside, the present intra- court appeal has been preferred by the appellant.

(3.) Writ application was filed for quashing the order dated 02.02.2012 passed by the District Teachers Employment Appellate Authority, Laheriasarai in Appeal No.130 of 2011 since the appeal was dismissed by the Tribunal refusing to interfere with the employment of the present appellant on the post of a Panchayat Teacher. On the basis of an advertisement issued by the Gram Panchayat Sonpur Paghari, Biraul Block in the district of Darbhanga applications were filed by the present appellant as well as the private respondent no.9, who was the writ petitioner. Exercise was done. Even though the private respondent no.9 was shown at the top of the merit position and the present appellant at the second position, the private respondent was not appointed on the post of Panchayat Teacher on the ground that he was holder of a vocational degree.