Oral order directing the District Superintendent of Education to ensure compliance with a final Tribunal order directing appointment to a petitioner styled as Panchayat Teacher placeholder order
Directions to District Superintendent of Education to ensure compliance with the Tribunal order
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.
Patna High Court CWJC No.14154 of 2012 (2) dt.28-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14154 of 2012
====================================================== 1. Samiul Haque Son Of Asif Ansari @ Md. Asif Ali Resident Of Village - Itwar, P.O. Dhanej, Police Station - Kargahar, District - Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director, Primary Education, Govt. Of Bihar, Patna 3. The Member Appellate Tribunal, District - Teachers Employment Appellate Authority, Rohtas At Sasaram 4. District Magistrate, Rohtas At Sasaram 5. District Superintendent Of Education, Rohtas At Sasaram 6. Block Development Officer, Block - Chanari, District - Rohtas 7. Panchayat Secretary, Gram Panchayat Raj Pewandi, Block - Chenari, District - Rohtas 8. Mukhiya, Gram Panchayat Raj Pewandi, Block - Chenari, District - Rohtas .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sajid Salim Khan For the Respondent/s : Mr. Rajesh Singh Gp16 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
2 28-08-2012 Heard learned counsel for the petitioner and the
State.
The petitioner is stated to have been an applicant for the post of Panchayat Teacher in the 2008 phase of appointments at Pewandi Gram Panchayat, Block Chenari, District- Rohtas for the post of Urdu Teacher. He moved the Districts Teachers Appointment Appellate Tribunal, Rohtas at Sasaram, in Case No. 34 of 2011. By an order dated 24.05.2011 the Tribunal has directed the respondents to consider his case
Patna High Court CWJC No.14154 of 2012 (2) dt.28-08-2012
returning a finding of an available vacancy. Respondent nos. 7 and 8 are stated to have questioned the order of the Tribunal in C.W.J.C. No. 15412 of 2012 which was dismissed on 21.03.2012 notwithstanding which the order of the Tribunal still remained to be complied with. The petitioner has represented on 03.05.2012 also before the Block Development Officer mentioning the aforesaid facts, fruitlessly.
The Tribunal is the creation of a statutory order vested with quasi judicial powers. Every order of the Tribunal is therefore required to be complied with in accordance with law as a basic principle of the facet of the Rule of law.
Counsel for the State therefore submits that the matter may be disposed with directions to the District Superintendent of Education, Rohtas at Sasaram to ensure that the order of the Tribunal, if it has attained finality, be complied with forthwith on presentation of the present order.
The application stands disposed.
(Navin Sinha, J.)
Md. Ibrarul/-
1 issue framed by the court
Whether the impugned orders of the Tribunal regarding appointment must be complied with?
Samiul Haque Son Of Asif Ansari @ Md. Asif Ali
The State Of Bihar
The Director, Primary Education, Govt. Of Bihar, Patna
The Member Appellate Tribunal, District - Teachers Employment Appellate Authority, Rohtas
District Magistrate, Rohtas At Sasaram
District Superintendent Of Education, Rohtas At Sasaram
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
