SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 18.2.2019 passed by the State Appellate Authority, Bihar, Patna in Appeal No. 88 of 2019.

(2.) The brief facts of the case are that the present case pertains to appointment undertaken by the employment unit of Gram Panchayat Raj-Nazari Block-Laxmipur, District-Jamui in the year 2008. The petitioner is said to be a SC category candidate, however, upon completion of the selection process, the private respondent no. 10 was selected and appointed against the solitary post. Aggrieved with the selection of the private respondent no. 10, the petitioner appears to have approached the District Appellate Authority, Jamui by filing Case No. 13 of 2016, belatedly, after a lapse of about six years inasmuch as the appointment process had concluded on 14.8.2010. The said appeal was rejected by an order contained in memo dated 18.10.2016 on the ground of the case of the petitioner being barred by limitation inasmuch as according to the rules, the time limit fixed for filing the appeal before the District Appellate Authority is 30 days. The petitioner appears to have challenged the said order dated 18.10.2016 before this Court in C.W.J.C. No. 7014 of 2016 and this Court by an order dated 2.11.2017 had quashed the said order dated 18.10.2016 and directed the District Appellate Authority to adjudicate the case of the petitioner on merits, however, the said order of the learned Single Judge dated 2.11.2017 was challenged before the learned Division Bench and the learned Division Bench by an order dated 17.5.2018 passed in L.P.A. No. 1645 of 2017 had set aside the order of the learned Single Judge dated 2.11.2017. Consequently, the writ petition bearing C.W.J.C. No. 7014 of 2016 was restored to its original file whereupon a learned Single Judge of this Court by an order dated 31.1.2019 disposed of the said writ petition with liberty to the petitioner to approach the State Appellate Authority, Patna against the impugned order dated 18.10.2016 passed by the District Appellate Authority, Jamui, however, the learned State Appellate Authority by an order dated 18.2.2019 has been pleased to dismiss the appeal not only on the ground of delay but also on the ground that the petitioner herein was not able to make out a case, even prima facie, to the effect that the private respondent was selected on the strength of forged / fabricated educational certificate.

(3.) The learned counsel for the petitioner has submitted that the petitioner has got more marks than the private respondent, hence, his case was fit for being considered for appointment.