IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13673 of 2010 1. SMT. MALTI DEVI @ SEEMA KUMARI W/O SRI MADHUSUDAN PRASAD SINGH R/O VILL.- BALBAPAR, P.O. SIRSI DIHRA, P.S. HARNAUT, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. DISTRICT SUPERINTENDENT OF EDUCATION NALANDA AT BIHAR SHARIF 4. DISTRICT TEACHERS EMPLOYMENT APPELLATE AUTHORITY NALANDA AT BIHAR SHARIF 5. BLOCK DEVELOPMENT OFFICER, HARNAUT, DISTT.- NALANDA 6. BLOCK EDUCATION EXTENSION OFFICER, HARNAUT, NALANDA 7. MUKHIYA, BARAH GRAM PANCHAYAT, DISTT.- NALANDA 8. HEADMASTER, BALBAPAR PRIMARY SCHOOL, HARNAUT, DISTT.- NALANDA 9. BIRENDRA KUMAR SINGH S/O SURESH SINGH R/O VILL.- BALWAPAR, P.S. HARNAUT, DISTT.- NALANDA ----------- 2 11/04/2011 Generality of the allegation that the Headmaster of the school played mischief by holding out certain evidence against the petitioner is erroneous because there is a clear and categorical finding recorded by the District Teachers Appointment Appellate Authority, Biharsharif that the petitioner was present in school on each and every date even when she was supposed to have sat for the examination when she obtained an Intermediate degree. There is nothing to show from the writ - 2 - application or any of the averments or submissions made on behalf of the petitioner that the petitioner was on leave on those days when she was supposed to be pursuing her studies or when she sat in the examination. In view of what has been found by the Appellate Authority and in absence of any kind of material or evidence to rebut the same being brought on record, there cannot be an occasion for this Court to interfere with the impugned order. The findings are there and there is no occasion for interference by this Court in absence of any error having been established. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)