Dismissed

Sandip Kumar Choudhary v. The State Of Bihar and Ors.

Patna HC1 Feb 2013CWJC/2097/2013

Case brief

AI extract

What is this about?

Petitioner sought appointment as Primary Teacher under Physical category quota. Court dismissed the writ petition holding that pending appointments must abide by the decision to cancel vacant posts under Education Department guidelines.

What did the court decide?

Petitioner to be considered for appointment only if a future decision is taken to make appointments for Physical category subject teachers and he is otherwise eligible.

Sandip Kumar Choudhary Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2013)

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Patna High Court CWJC No.2097 of 2013 (2) dt.01-02-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2097 of 2013

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====================================================== Sandip Kumar Choudhary, son of Late Laxmi Prasad Choudhary, resident of village Khagra, near Middle School, P.S. and District Kishanganj. .... .... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Divisional Commissioner, Purnea. 4. The District Magistrate, Kishanganj. 5. District Superintendent of Education-cum-District Education Officer, Kishanganj. 6. The Member, District Teachers Employment Appellate Authority, Kishanganj 7. Chairman, Nagar Panchayat Bahadurganj-cum- Chairman, Panel Selection Committee, Nagar Panchayat, Bahadurganj, District Kishanganj. 8. Executive Officer-cum-Member, Panel Selection Committee, Bahadurganj Nagar Panchayat, Distsrict Kishanganj. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amal Kumar Sinha,Advocate For the Respondent/s : Mr. Anwar Karim, AC to SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 01-02-2013 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is aggrieved having not been appointed on the post of Primary Teacher under Physical category quota for which three posts had been advertised. Even though the petitioner claims to have attended the counseling on 20.11.2007 his appointment has not been made.

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The District Teachers Employment Appellate Authority, Kishanganj disposed of the petitioner’s appeal along

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Patna High Court CWJC No.2097 of 2013 (2) dt.01-02-2013

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with others vide its consolidated order dated 9.10.2012 denying the claim of the petitioner in view of the guidelines dated 7.8.2012 issued by the Education Department (Annexure-8) by which a bar was put on any further appointment on the vacant posts in the subject of his post.

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This Court is of the view that the appellate authority has rightly not entertained the petitioner’s claim in view of the Education Department’s guidelines noticed above. Once a decision has been taken to cancel all existing vacant posts, then all pending appointments will have to abide by such decision. The question of making the petitioner’s claim for appointment against a non-existing post therefore does not arise.

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It goes without saying that if in future a decision is once again taken for making appointments for Physical category subject Teachers, then the petitioner shall be entitled to be considered for the same, if otherwise eligible.

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The writ petition stands disposed of.

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(Vikash Jain, J)

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Chandran

Sandip Kumar Choudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sandip Kumar Choudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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