In this Letters Patent Appeal, the Patna High Court dismissed the appellant's challenge to the Single Judge's order rejecting his application for appointment as a Panchayat Teacher. The Court found no error in the lower order noting that the second phase of appointments had closed.
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.472 of 2014 Arising out of
Civil Writ Jurisdiction Case No. 435 of 2013
=========================================================== Manoj Kumar Sharma, Son of Prem Sagar Sharma, Resident of Village Chaksalem, P.O. And P.S.- Patori, District- Samastipur
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Appellant/s : Mr. Prashan Wibhaw For the Respondent/s : Mr. Aditya Nath Jha, SC 18
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 04-08-2016
The challenge in the present Letters Patent Appeal is to an order dated 2nd January, 2014, passed by the learned Single bench of this Court, whereby the writ application filed by the appellant seeking appointment to the post of Panchayat Teacher remained unsuccessful.
The learned District Teachers Employment Appellate Tribunal, Samastipur, in its order dated 30th December, 2012 held that the appellant should have demonstrated that anyone having lesser marks has been appointed in the second phase of appointment in the category for which he was an applicant. It has also been observed that
Patna High Court LPA No.472 of 2014 dt.04-08-2016
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the second phase of appointment of teachers had already been closed on 31.12.2010.
Since no person junior to the appellant has been appointed, therefore, no right of the appellant can be said to have been violated which may entitle him for any indulgence in this appeal.
We do not find any error in the order of the learned Single Judge which may warrant any interference in the present Letters Patent Appeal.
The appeal is accordingly dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
mrl
AFR/NAFR NAFR CAV DATE N.A. Uploading Date06.08.2016 Transmission N.A. Date
1 issue framed by the court
Whether the High Court commits an error in dismissing the Letters Patent Appeal against the Single Judge's order rejecting the application for appointment as a Panchayat Teacher.
Manoj Kumar Sharma
The State of Bihar
The District Education Officer, Samastipur
The Block Education Officer, Mohiuddinagar
The District Teacher Employment Appellate Authority, Samastipur
HEMANT GUPTA
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
