IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11273 of 2009 KISHORE KUMAR SINGH, S/o Late Devi Lal Singh, resident of village & P.O. Bisunpur Bande, P.S. Bhagwanpur, District – Vaishali. …… Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Vaishali. 3. The District Superintendent of Education, Vaishali. 4. The Block Development Officer, Goraul, P.O., P.S. Goroul, District – Vaishali. 5. The Mukhiya, Gram Panchayat Raj Rasulpur Turki, P.S. Rasulpur, P.S. Goraul, District – Vaishali. 6. The Panchayat Secretary, Gram Panchayat Raj Rasulpur Turki, P.O. Rasulpur, P.S. Goraul, District – Vaishali. ….. Respondents. ----------- 02/ 30.10.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing the order passed by the District Magistrate, Vaishali, Hajipur contained in Memo No. 1753 dated 8.6.2009, whereby the claim of the petitioner for selection and appointment on the post of Siksha Mitra and subsequently for absorption on the post of Panchayat teacher has been rejected. The reason for non- consideration of petitioner’s candidature has been mentioned in the order of the District Magistrate. So far character of the petitioner was concerned, at the time of the selection it was found that he is a named accused in a police case and absconding on account of his apprehension of being arrest in that case. Counsel for the petitioner submits that the - 2 - petitioner had higher marks than the person, who was selected in the year 2004 for appointment. On any post having higher marks cannot be single consideration if the candidate is not fulfilling other requisite criteria for appointment. Petitioner being an accused was not eligible for being appointment and as such it was rejected. I do not find any error in the order passed by the District Magistrate, Vaishali contained in Memo No. 1753 dated 8.6.2009. This application is dismissed. DKS/ (Mridula Mishra, J.)