The High Court declined to interfere with the Tribunal's order rejecting the petitioner's appointment in favor of a candidate with higher marks, despite procedural hiccups in certificate verification by the employing unit.
The writ application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3588 of 2013
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This Court would not find any error in the order dated 11.12.2012 passed by the District Teachers Employment Appellate Authority, Purnea hereinafter referred to as the Tribunal in Case No. 1081, inasmuch as, the Tribunal has come to a finding that the respondent no.10, having higher marks of 82.18%, was wrongly ignored for his being appointed on the ground that the certificates were under process of verification at the instance of the employing
Patna High Court CWJC No.3588 of 2013 (2) dt.02-05-2014
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unit. As a matter of fact, once it is admitted that the name of the respondent no.10 had figured above the petitioner who had only 78% marks, the rest of the following findings of the Tribunal, reading as follows:-
^^10 - fu’d’kZ %& fcgkj ljdkj }kjk funs”k fn;k x;k Fkk fd laHkkfor fu;kstu gksus okys mEehnokjksa ds izek.k i=kas dk lR;kiu lacaf/kr laLFkkvksa ls djk fy;k tk; A lHkh ftyk ds ftyk f”k{kk inkf/kdkfj;ksa }kjk lwph cukdj fcgkj fo|ky; ijh{kk lfefr ,oa vU; laLFkkvksa dks bldk lR;kiu djk;k x;k Fkk A lR;kiu lwph esa dqN vH;fFkZ;ksa dk uke ugha ik;k x;k A ;s fu;kstu bdkbZ dk nks’k gS A bleas vihykFkh dk dksbZ nks’k ugha gS A ljdkj dh ea”kk ;g gS fd dksbZ tkyh lfVZfQdsV okys vH;FkhZ fu;ksftr u gks ik; A vf/kd es/kk vd j[kus okys fdlh vH;FkhZ dk uke lwph eas ugha gS rks bldh lR;kiu djk;k tkuk Fkk ,oa lR;kiu gksus rd ml in dks [kkyh j[kk tkuk Fkk A ijUrq fu;kstu bdkbZ us ljdkj ds ea”kk ds foijhr de es/kk vad okys vH;FkhZ dk fu;kstu dj fy;k x;k A izek.k i=ksa ds lR;kiu gksus ;k u gksus esa vihykFkhZ dk dksbZ nks’k ugha gS A 11- vihykFkhZ eks0 eksdhe mnnhu dk es/kk vad 8218 gS vkSj fu;ksftr f”k{kd eks0 lQkrqYyk dk es/kk vad 78 gS nksuksa gh v0fi0oxZ ds vH;FkhZ gSa A eks0 eksdhe mnnhu ds izek.k i=ksa dk lR;kiu Hkh djk;k tk pqdk gS A
vkns”k %& 1 eks0 lQkrqYyk firk eks0 rthj mnnhu xzke jger uxj] iks0 nqxkZ xat Fkkuk & dnok] ftyk & dfVgkj tks xzke iapk;r pksiM+k esa f”k{kd ds in ij dk;Zjr gS dk fu;kstu jnn fd;k tkrk gS A
2- eks0 eksdhe mn~nhu firk eks0 teky xzke ygVksjk iks0 ckxuxj] Fkkuk + ftyk & vjfj;k ds fu;kstu dk vkns”k fn;k tkrk gS A fu;kstu bdkb budh fu;qfDr dh dkjZokbZ lqfuf”pr djsa A**
Patna High Court CWJC No.3588 of 2013 (2) dt.02-05-2014
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cannot be faulted either on fact or in law.
The submissions of Mr. Hoda, learned counsel for the petitioner, that as a matter of fact the respondent no.10 was not eligible because his certificates were not verified has to be only noted for its being rejected. Under the process of appointment for the Panchayat Teacher, it is the employing unit, who has to make verification of the certificates and, therefore, it could not have rushed to appoint the petitioner, who has admittedly lesser marks and was placed below in the merit list to Respondent no. 10.
That being so, this Court does not find any error in the impugned order of the Tribunal.
This writ application is, accordingly, dismissed.
(Mihir Kumar Jha, J)
Rishi/-
1 issue framed by the court
Whether the District Teachers Employment Appellate Tribunal erred in rejecting the petitioner's appointment claim against a candidate with higher marks pending certificate verification.
Md. Safatullah S/O Md. Tajeruddin
The State Of Bihar
The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna.
The Director, Primary Education, Human Resources Development Department Government Of Bihar, Patna.
The Member District Teacher Appointment Appellate Tribunal, Purnea
The District Education Officer, Purnea
Mihir Kumar Jha
As recorded by the court registry
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