Allowed

Sanjeev Kumar Das and Ors. v. the State of Bihar and Ors.

Patna HC5 Feb 2013CWJC/6014/2012

Case brief

AI extract

What is this about?

Hon'ble Justice Samarendra Pratap Singh allowed a writ petition seeking quashing of an order cancelling Block Teachers' appointments, disposing of it similarly to a different case by directing the petitioner to appear before the Appellate Tribunal.

What did the court decide?

The impugned order dated 15.10.2011 is quashed; the petitioner must appear before the Appellate Tribunal for a fresh hearing within three weeks, making the tribunal decide the matter.

Sanjeev Kumar Das and Ors. Vs the State of Bihar and… — Education and Admissions | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6014 of 2012

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Sanjeev Kumar Das S/O Mahendra Das Resident Of Village- Sherpur Jalal, Goraul, District - Vaishali

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Sahin Parvin D/O Md. Saiyad Resident Of Village - Jahangirpur Salkanni, District- Vaishali

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Rinki Kumari W/O Santosh Kumar Resident Of Village- Pauni Hasanpur, District - Vaishali

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Shweta Kumari W/O Pankaj Kumar Singh Resident Of Village - Maraidih Patepur, District - Vaishali

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Niraj Kumar S/O Harendra Pratap Singh Resident Of Village- Maraidih Patepur, District- Vaishali

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Amarjeet Kumar S/O Bhagwat Singh Resident Of Village - Chakasrupan, P.S.- Satpura Bhagwanpur, District- Vaishali

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Meera Kumari W/O Late Parsuram Trivedi Resident Of VillageSherpur, District - Muzaffarpur

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Rambalak Rai S/O Late Maheshwar Rai Resident Of Village - Naurangapur Parmanandpur District - Vaishali

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Nitu Kumari W/O Sandeep Kumar Ram Resident Of Village- Bathana Mahodat, Goraul, District- Vaishali

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Virchandra Sharma S/O Ramdeo Sharma Resident Of Village - Badauliya, P.S.- Jandaha, District- Vaishali

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Sarbari Khatoon D/O Md. Habib Resident Of Village- Bajitpur P.S. - Basudeopur District - Vaishali

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna

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The Director, Primary Education, Human Resources Development Department, Government Of Bihar, Patna

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The Member, The District Teacher Employment Appellate Authority Vaishali At Hajipur

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The District Programme Officer, Vaishali At Hajipur

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The Programme Officer (Establishment), Vaishali At Hajipur

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The Block Development Officer Jandaha Block District- Vaishali At Hajipur

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Block Teachers Employment Committee Jandaha Through The Block Pramukh Jandaha Block Cum Chairman Block District- Vaishali At Hajipur

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The Block Education Extension Officer Jandaha Cum Secretary Block Teachers Employment Committee Jandaha Block District - Vaishali At Hajipur

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The District Superintendent Of Education Vaishali

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The District Education Officer, Vaishali At Hajipur

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sushmita Mishra

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Patna High Court CWJC No.6014 of 2012 (3) dt.05-02-2013

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2/3

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For the Respondent/s : Mr. Neeraj Nandan GP20

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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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3 05-02-2013

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The petitioners pray for quashing order dated 15.10.2011, passed by respondent no.4 in Case no. J-57/10 to J- 59/10, J-61/10, j-62/0, J-65/10,J-67/10, J-88/10 to J-95/10 and J-10/11 to J-16/11, by which appointment/employment of the Block Teachers in Jandaha Block has been cancelled as the entire employment procedure being irregular.

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The petitioners state that they were duly selected and appointment letter were issued to them in accordance with law. However, some petitions were filed before the Appellate authority against the appointment. Petitioners further submit that they filed a petition before the Appellate authority for final issuance of appointment letter as well as for payment of emoluments. The Appellate authority find that the selection process was faulted and was not conducted as per necessary provision of law. The appellate authority also referred to the enquiry report of the District Programme Officer, Vaishali which too stated that the selection process was faulty. The petitioners state that some of the similarly affected teachers moved this court in C.W.J.C.No. 19770 of 2011 along with

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Patna High Court CWJC No.6014 of 2012 (3) dt.05-02-2013

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3/3

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C.W.J.C.No. 20574 of 2011 which was disposed of on 21.1.2013. Petitioners state that their case is similar to those petitioners. Operative part of order dated 21.1.2013 reads as

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follows:-

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“In the facts and circumstances of the case, the petitioners would appear before the Appellate Tribunal within three weeks from today. On so appearing the appellate tribunal would give a copy of the enquiry report with liberty to them to place their case and meet the points raised in the enquiry report. The Appellate tribunal would give fresh hearing to the petitioners on this issue.

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With the aforesaid liberty to the Appellate tribunal to proceed afresh, the impugned order dated 15.10.2011is quashed. Petitioners would co-operate in the proceeding. The court has not expressed its opinion on the merits of the case. It is expected that the Appellate tribunal would dispose of the matter on remand within three months from the date of receipt/production of a copy of this order.”

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As the issues involved in the writ petition are similar, I am inclined to dispose of the writ petition in terms of order dated 21.1.2013.

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Shashi.

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(Samarendra Pratap Singh, J)

Sanjeev Kumar Das and Ors. v. the State of Bihar and Ors.

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Sanjeev Kumar Das and Ors. v. the State of Bihar and Ors.

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