NEHA RAJ Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the respondent-petitioner as well as learned counsel for the State of Bihar.

(2.) The challenge raised is to the judgement of the learned Single Judge dated 29.11.2016 raising a two fold submission that the very initial appointment of the Respondent No. 6-petitioner as a Panchayat Shikha Mitra was based on an incorrect information tendered by him with regard to his date of birth as 07.10.1975. The contention of the learned counsel for the appellant is that undisputedly the correct date of birth of the respondent-petitioner is 07.10.1974 which is evident from a copy of his Certificate of High School. This date of birth was deliberately reflected by reducing it by one year in the merit list which was prepared for selecting the respondent-petitioner at the time of his engagement as Panchayat Shiksha Mitra as 07.10.1975. The error committed by the learned Single Judge is that the said date of birth as reflected in the merit list was assumed to be the correct date of birth without adverting to the aforesaid fact of the real date of birth of the respondent- petitioner as recorded in his High School Certificate.

(3.) The second ground of challenge is that even on merits the respondent-petitioner was below the appellant in merit and that his appointment had been made contrary to the roster applicable as a Shiksha Mitra. It was on the strength of such engagement that he was absorbed as Panchayat Shikshak. Aggrieved, the appellant had approached the District Teachers Employment Appellate Authority where the appeal of the appellant was allowed recording findings against the respondent- petitioner on all the aforesaid three issues.