IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10519 of 2009 ====================================================== Md.Sabir Hussain, Son of Md. Loukman Ali, resident of village – Tamaut, P.S. Dagrua, District – Purnea. .... .... Petitioner. Versus 1. The State of Bihar through the District Teachers Appointment Tribunal, Purnea. 2. The District Education Superintendent of Education, Purnea. 3. The Block Development Officer, Prakhand Dagarua, Purnea. 4. The Block Education Extension Officer, Prakhand Dagarua, Purnea. 5. The Mukhiya, Panchayat Raj, Mahthaur under Block Dagarua, Purnea. 6. The Panchayat Sachiv, Panchayat Raj, Mahthaur under Prakhand Dagarua, Purnea 7. Sanjida Khatoon W/o Tabarak Hussain, R/o Madhopara, P.S. K.Hat, District – Purnea. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Md.Bahauddin For the Respondent/s : Mr. (Ga7) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 03/ 13-09-2011 Heard counsel for the petitioner, the counsel representing Sanjida Khatoon, Respondent No. 7 and the State. Mukhiya of Gram Panchayat Mahthaur has also appeared through Vakalatnama though he has not filed any counter affidavit. Petitioner’s prayer in this writ application was for quashing of order passed by the District Teachers Employment Appellate Tribunal, Purnea dated 10.7.2009, whereby his appointment has been cancelled, while hearing Appeal Nos. 26/08, 27/08, 28/08, 34/08, 39/08 and 258/09 preferred by some of the Patna High Court CWJC No.10519 of 2009 (3) dt.13-09-2011 2 / 3 2 candidates in whose favour appointment letters have not been issued, despite of fact they have higher percentage of marks. The Appellate Tribunal while deciding these appeals has also considered the case of Bibi Samjida, though she has not preferred any appeal. The finding recorded by the Appellate Tribunal was that Md. Sabir Hussain (petitioner) has wrongly been appointed against a post reserved for female candidate, namely, Bibi Sanjida. The order passed by the Appellate Tribunal has been challenged by the petitioner on the ground, that without there being any reason for cancelling petitioner’s appointment, as no objection had been raised by Bibi Sanjida and without even impleading the petitioner as a party and giving an opportunity of hearing, his appointment has illegally been cancelled. Specific case of the petitioner is that Bibi Sanjida has no grievance against petitioner’s appointment and she is duly appointed in some other school in different Gram Panchayat and that was the reason she did not raise any objection. Bibi Sanjida has been impleaded as a party and she has filed her affidavit stating that she has no grievance against the appointment of petitioner as a Panchayat Teacher under Gram Panchayat Mahthaur. She is already appointed as Panchayat teacher and is not interested in her appointment under Gram Panchayat Patna High Court CWJC No.10519 of 2009 (3) dt.13-09-2011 3 / 3 3 Mahthaur. In the counter affidavit filed on behalf of the State also this fact has been supported. Considering these facts, part of the impugned order dated 10.7.2009 passed by the District Teachers Employment Appellate Tribunal, Purnea, whereby petitioner’s appointment has been cancelled, is quashed. Rest of the order which has been passed in favour of all the appellants shall remain intact. Petitioner is continuing on the post in view of stay order passed in his favour at the time of admission of the writ application. He will continue and will be paid his salary and other monetary benefits for which he is entitled, holding the post of Panchayat teacher. This application is disposed of. DKS/ (Mridula Mishra, J)