IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10491 of 2010 1. BHUSHAN MAHTO S/O LATE BINDESHWARI MAHTO R/O VILL & P.O.SHITAL RAMPUR, VIA BAKHARI, DISTT-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. DISTRICT TEACHER EMPLOYMENT APPELLATE TRIBUNAL BEGUSARAI, DISTT-BEGUSARAI 3. BLOCK DEVELOPMENT OFFICER GARHPURA, DISTT-BEGUSARAI 4. MUKHIA, GRAM PANCHAYAT PANCHAYAT MAUJI HARISANGH, DISTT-BEGUSARAI 5. PANCHAYAT SACHIB PANCHAYAT MAUJI HARISANGH, DISTT-BEGUSARAI 6. DISTRICT SUPERINTENDENT OF EDUCATION DISTT-BEGUSARAI ----------- For the Petitioner :- Mr. Kapildeo Singh For the State :- Mr. Sushil Kumar Mallick, A.C. to S.C. XI ------ 2 07/03/2011 The impugned order is contained in annexure-1 by virtue of which batch of appeals came to be decided. Case of the petitioner has been considered by the District Teachers Appointment Appellate Authority in paragraph 29 of that order. Finding given by the Appellate Authority is that not only roster point and clearance has been violated by tinkering with it by the concerned Mukhia but even the merit has been given a go-bye and persons with much much higher marks were ignored and the present petitioner with as low marks as 35.5% came - 2 - to be appointed. A reading of the said order would indicate why such indulgence has been shown to the petitioner because it has emerged that the petitioner was related to the Mukhia concerned. If the materials having emerged and the findings being there that persons with 68.44 % marks or 60.81% marks were not appointed even though they fell in the category of physically handicapped, obviously appointment of the petitioner was for extraneous consideration by violating all the Rules settled in this regard. In absence of any infirmity having been pointed out in the findings given by the Appellate Authority and the manner in which the findings have been arrived at, this Court is not inclined to interfere with the impugned order. This writ application being devoid of merit is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)