PRITI PRIYADARSHINI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case has chequred history. The writ petition involves the issue of appointment of Panchayat Shikshak in Gram Panchayat Raj Sutihara, Block- Parihar, District- Sitamarhi in the first phase. The controversy as to selection and appointment was subject matter of writ proceedings in CWJC No. 7593 of 2010. The writ court on consideration of the various aspects of the matter has held out as follows:-

(2.) Aggrieved by the decision of the writ court the petitioner filed LPA No. 386 of 2013. The LPA Court noticing the serious dispute with regard to the original counseling register and the alleged photostat copy of the same provided under the RTI Act, held out that it is not possible to record any finding in the writ proceeding as the same is subject matter of enquiry in which evidence shall have to be led. The Division Bench finally disposed of the Letters Patent Appeal in the following manner:-

(3.) After the decision of the LPA Court, MJC No. 563 of 2014 was filed by the present petitioner for modification of the order dated 4.9.2013 passed in LPA No. 386 of 2013. The LPA Court modified the order only to the extent that the reference to the Principal Secretary, Department of Panchayati Raj at page 8 of the order for holding enquiry be substituted by Principal Secretary, Department of Education to be the appropriate authority with regard to the appointments in the Education Department.