CHANDRADEO PRASAD SON OF SRI RANGLAL PRASAD Vs. STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel appearing for the State.

(2.) PETITIONER is aggrieved by the order passed by the Collector, Gopalganj. His prayer is for quashing the order dated 14.2.2008 passed by Collector, Gopalganj in Miscellaneous Case No. 123/07 cancelling his initial engagement on the post of Panchayat Shikcha Mitra in Gram Panchayat Raj Sisai and directing the Mukhiya of Gram Panchayat to cancel petitioner 's appointment on the post of Panchayat Shikcha Mitra. Petitioner has further prayed for quashing the order contained in Memo No. 1 dated 3.3.2008 passed by the Mukhiya of Gram Panchayat Raj Sisai in pursuance of the Collector 'sorder, cancelling petitioner 'sappointment on the post of Panchayat Teacher. Impugned orders have been challenged by the petitioner on the ground that these orders have been passed in violation of the rules of natural justice, as well as are illegal, arbitrary and without jurisdiction.

(3.) PETITIONER , a scheduled caste candidate, applied for his engagement as Panchayat Shikcha Mitra in the year, 2005. He had applied against the post reserved for scheduled caste candidate. Since the petitioner had qualification of intermediate, he was given weightage of 17 points. Though the petitioner had applied against reserved post of scheduled caste candidate but considering his higher points, he was appointed against the unreserved post. One Harendra Prasad having 14 points weightage, was appointed against the reserved post for scheduled caste candidate. The engagement of Panchayat Shikcha Mitra in the year, 2005 in Sisai Gram Panchayat Raj was challenged by the unsuccessful candidates by filing application before the Collector and subsequently, writ applications were also filed challenging engagement on the post of Panchayat Shikcha Mitra, in this court. All those writ applications were heard and disposed of by a common order whereby the Collector, Gopalganj was directed to inquire into the matter and pass order in accordance with law. In the light of the direction issued in the writ applications, the Collector, Gopalganj passed order in Miscellaneous Case No. 123/07, which has been assailed by the petitioner on the ground that his legal right has been taken by the impugned order in violation of rules of natural justice as he was neither impleaded as party in Miscellaneous Case nor given any opportunity to file show cause and defend his case.