MANORANJAN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present case has been filed seeing quashing of the order passed by the District Magistrate, West Champaran, Bettiah dated 06.01.2009 as also the order dated 03.10.2018 passed by the State Appellate Authority, Patna in Appeal Case no. 540 of 2018, whereby and whereunder the order passed by the District Appellate Authority, West Champaran, Bettiah dated 10.08.2018 passed in Appeal Case no. 24 of 2017 has been confirmed.

(2.) The brief facts of the case are that the petitioner herein as well as the private respondents had applied for the post of Panchayat Teacher in Malahi Balua Panchayat under Bairea Block, Dist-West Champaran in the year 2006 under the disabled category. The private respondent no. 11 had applied in the hearing disabled category whereas the petitioner herein is orthopaedically disabled. The petitioner claims to have appeared in the counselling held on 14.12.2006, whereafter a merit list was prepared and ultimately, upon following the due selection process, as prescribed by law, the respondent no. 11 was granted appointment on the post of Panchayat Teachers whereas the petitioner was denied appointment. It appears that the petitioner had then filed a complaint before the District Magistrate, West Champaran, Bettiah which was referred to the Sub-Divisional Officer, Bettiah for making an inquiry and submitting a report. Subsequently, the S.D.O., Bettiah had filed a report dated 18.09.2008 to the effect that the post in question was reserved for hearing disabled candidate whereas the petitioner was orthopaedically disabled candidate. Thereafter, the Deputy Collector, District Confidential Section, Bettiah vide Memo no. 20 dated 06.01.2009 held the employment of the respondent no. 11 to be valid and the claim of the petitioner was rejected, however the said order dated 06.01.2009 was never challenged by the petitioner herein.

(3.) The petitioner appears to have approached this Court by filing a writ petition bearing CWJC no. 10802 of 2015 but belatedly, however the same was disposed off by an order dated 21.11.2017 granting liberty to the petitioner to approach the District Teachers Employment Appellate Authority, West Champaran, Bettiah. The petitioner had then filed a petition before the District Teachers Employment Appellate Authority, West Champaran, Bettiah which was numbered as Appeal Case no. 24 of 2017. The District Appellate Authority by an order dated 10.08.2018 had rejected the case of the petitioner herein, primarily on the ground that the petitioner had not turned up for counselling on the appointed day, hence he had no claim for appointment against the post in question and furthermore, on the ground that with regard to the same subject matter, the petitioner had filed a case earlier bearing Case no. 292 of 2009 before the District Appellate Authority, however the petitioner had failed to appear before the appellate authority resulting in the appellate authority issuing notice to the petitioner on five occasions but when the petitioner still failed to appear on the appointed dates, the District Teachers Employment Appellate Authority, West Champaran, Bettiah passed an order dated 02.06.2011, holding that the allegation of the petitioner herein was baseless and the case put forth by the Mukhia, Raj Malahi Balua Panchayat was correct, however the said order was suppressed by the petitioner from this Court and infact, the petitioner has also not challenged the same before any Court of law, hence the same has attained finality.