This writ application challenging the Appellate Authority's order denying the petitioner's claim based on absence from counselling. The High Court upheld the authority's finding due to lack of unimpeachable documentary evidence and dismissed the writ. The case involves teacher recruitment benefits in Bihar.
The writ application was dismissed.
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.6761 of 2013 (2) dt.01-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6761 of 2013
====================================================== 1. Kumari Neelam Daughter Of Late Badri Prasad Yadav Resident Of Officers Colony, Mirchaibari, P.S. And District - Katihar .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Member, The District Teacher Employment Appellate Authority, Katihar 4. The District Education Officer, Katihar 5. The District Programme Officer ( Establishment ), Katihar 6. The Block Development Officer, Barari, District - Katihar 7. The Block Education Officer, Barari, District - Katihar 8. The Mukhiya, Gram Panchayat Raj Durgapur, Barari, District - Katihar 9. The Panchayat Secretary, Gram Panchayat Raj Durgapur, Barari, District - Katihar 10. Neelam Kumari Wife Of Niranjan Kumar, Panchayat Teacher, Primary School Markhaha, Balughat, Durgapur Panchayat, Barari, District - Katihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 01-07-2014 From the impugned order of the Appellate Authority, as contained in Annexure-5, it appears that the authority has examined the records and taken evidence of the Panchayat Secretary and thereafter on the basis of materials available he has come to a finding of fact that the petitioner had not appeared in the first counselling on 20.7.2007. Therefore, she had no claim. Learned counsel for the petitioner refers to Annexure-1 and submits that she had appeared in the counselling on 20.7.2007,
Patna High Court CWJC No.6761 of 2013 (2) dt.01-07-2014
but has not shown any unimpeachable documents to show that she
had appeared in the first counselling.
In the circumstances, this Court does not find any error in
the order of the Appellate Authority.
The writ application is dismissed.
(Jayanandan Singh, J)
Arvind/-
U
1 issue framed by the court
Whether the petitioner is entitled to relief despite the Appellate Authority's finding that she did not appear in the first counselling.
Kumari Neelam Daughter Of Late Badri Prasad Yadav
The State Of Bihar Through The Principal Secretary, Human Resources Development Department
The Director, Primary Education, Bihar
The Member, The District Teacher Employment Appellate Authority, Katihar
The District Education Officer, Katihar
The District Programme Officer ( Establishment ), Katihar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
