Petitioner challenged the rejection of his appeal and the appointment of a respondent teacher. The High Court held it could not sit as a first appeal court and found no merit in the writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12270 of 2012
====================================================== 1. Surendra Kumar Yadav Son Of Late Kulanand Yadav Resident Of Village - Dath Godam Tol, Police Station - Biraul, District - Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Principal Secretary, Education Department, Government Of Bihar, Patna 2. The Principal Secretary, Education Department, Government Of Bihar, Patna 3. The Director, Primary Education , Government Of Bihar, Patna 4. The District Magistrate-Cum-Collector Darbhanga 5. The District Teacher Employment Appellate Authority, Darbhanga 6. The District Education Officer, Darbhanga 7. The District Superintendent Of Education-Cum-District Programme Officer, Darbhanga 8. The Block Education Officer, Ghanshyampur Block, District - Darbhanga 9. Panchayat Secretary, Gram Panchayat Raj Korthu Pashchimi, District - Darbhanga 10. Mukhiya, Gram Panchayat Raj Korthu Pashchimi, District - Darbhanga 11. Kamal Kumar Son Of Tanukdhari Yadav Village - Maswasi, Police Station - Ghanshyampur, District - Darbhanga .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Prasad Yadav For the Respondent/s : Mr. Jaishankar Barnwal Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
2 19-07-2012 Heard learned Counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 18.4.2012 passed by District Teachers Appointment Appellate Tribunal, Laheriasarai at Darbhanga in Case No. 12 of 2011. It rejects his appeal and declines the challenge to the appointment of Respondent no. 11. Learned Counsel for the petitioner submits that Respondent no. 11 had lesser marks than him. Fixed date for counseling was shifted by antedating and Respondent no./ 11 has been appointed. The vacancy still remains.
Patna High Court CWJC No.12270 of 2012 (2) dt.19-07-2012
2
This Court under Article 226 of the Constitution does not sit as a first appeal Court over the order of the Tribunal. The power of judicial review shall be confined to errors in the decision making process when parties may not have been heard, relevant materials may not have been considered, evidence may have been admitted behind the back or the finding arrived at be of such a nature that no reasonable person could have arrived at the same on basis of similar materials. The findings of fact arrived at by the Tribunal have to be given finality unless demonstrated otherwise.
The Tribunal on consideration of materials has arrived at the finding that the petitioner did not participate in the counseling and did not give his consent letter on 14.8.2010. It does not appear from the order of the Tribunal that when this stand taken by the respondents before the Tribunal, the petitioner contested it by placing materials to the contrary. Even in the writ application there is no assertion that the petitioner had furnished materials in support of his claim for participation and which has not been considered.
The Court finds no merit in the writ application. It is accordingly dismissed.
(Navin Sinha, J)
Snkumar/-
1 issue framed by the court
Whether the Civil Court can act as a first appeal court over the order of the Tribunal under Article 226.
1 provisions across 1 enactments
Surendra Kumar Yadav
The State Of Bihar, Through The Principal Secretary, Education Department
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
