The Letters Patent Appeal was filed challenging the cancellation of an appellant's appointment as a Panchayat Teacher for handicapped persons. The High Court upheld the lower authorities' finding that the medical certificate was produced belatedly and dismissed the appeal without merit.
The appeal was dismissed in limine.
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 Letters Patent Appeal No.542 of 2012 In
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 11-07-2014 Being aggrieved by the order dated 20.12.2011 made by the learned Single Judge in CWJC No. 3956 of 2010, the writ petitioner has preferred this Appeal under Clause X of the Letters
Patna High Court LPA No.542 of 2012 (2) dt.11-07-2014
2/2
Patent.
Pursuant to a selection process commenced in 2006, the petitioner was appointed as Panchayat Teacher in Gram Panchayat Raj Ameth, Block Mohania, District Kaimur as a handicapped person. His appointment came to be challenged before the District Teachers Employment Appellate Authority, Kaimur. The authority below has recorded a finding that on the date of application or even on the date of counselling, the appellant had not produced the medical certificate. He tried to improve his position by producing a medical certificate issued long after the selection and appointment on a post reserved for handicapped person. In the circumstances, the Appellate Authority has cancelled the appointment of the appellant. The order of the Appellate Authority has been upheld by the learned Single Judge. Therefore, this Appeal.
Learned Advocate Mr. Arabind Nath Pandey has appeared for the appellant. He is not able to controvert the above fact. In view of the finding recorded by the authority below and affirmed by the learned Single Judge, we find no reason to interfere. Appeal is devoid of any merit. Appeal is dismissed in limine .
(R.M. Doshit, CJ)
Snkumar/-
(Ashwani Kumar Singh, J)
U
1 issue framed by the court
Whether the High Court should interfere with the dismissal of the appointment of a handicapped person due to late production of medical certificate.
Vakil Shah @ Wakil Shah
The State of Bihar
Rameshwar Mishra Doshit
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
