IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6565 of 2009 ====================================================== Laxmi Kumari, Wife of Sri Nagendra Mishra, resident of Village Shankarpur, P.S. Bhargama, District – Araria. .... .... Petitioner. Versus 1. The State of Bihar. 2. The District Teachers Appointment Appellate Tribunal, Araria, through its Chairman. 3. The District Superintendent of Education –cum- Sub Divisional Education Officer, Araria. 4. The Block Development Officer, Bhargama, Araria. 5. The Block Education Extension Officer, Bhargama, Araria. 6. The Mukhiya, Gram Panchayat Raj Shankarpur, Bhargama, Araria. 7. The Panchayat Secretary, Gram Panchayat Raj Shankarpur, Bhargama, Araria. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Singh Mr. Mrityunjay Kumar Mr. Md.Jubair Ansari For the Respondent/s : Mr. (Sc9) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 06/ 23-08-2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of order contained in Memo No. 83 dated 7.3.2009 passed by the District Teachers Appointment Appellate Tribunal, Araria, dismissing the appeal preferred by the petitioner. This appeal has been preferred by the petitioner as respondents- authorities of the Selection Committee of Shankarpur Gram Patna High Court CWJC No.6565 of 2009 (6) dt.23-08-2011 2 / 4 2 Panchayat was not considering her candidature for appointment on the post of Panchayat teacher only for the reason that she has done her Intermediate in the Vocational Course. Degree of Vocational Course has been held to be proper qualification for appointment on the post of Panchayat/Prakhand teacher in the light of the order passed in C.W.J.C. No. 4913 of 2009 and L.P.A. No. 496 of 2008. Petitioner coming to know this fact under Right to Information Act, approached the authorities for considering her candidature for appointment as she has 72.6% marks and on the basis of her marks she should have been selected for appointment to the post of Panchayat teacher. Respondents were not considering her claim as such she approached the Appellate Tribunal. The Appellate Tribunal has vested the power for considering the case of he petitioner, directed to cancel the entire panel of the selected candidates and direction for re-counselling of the candidates. Petitioner’s specific case is that she has got higher marks than the other candidates and also that the vacancies are still there against which she can be appointed. Counter affidavit has been filed on behalf of the State admitting the fact that Intermediate with Vocational Patna High Court CWJC No.6565 of 2009 (6) dt.23-08-2011 3 / 4 3 degree is proper qualification for being appointed to the post of Panchayat teacher. There is no denial regarding the higher marks of the petitioner, but it has been stated that the vacancies against which petitioner could have been adjusted, now has been assimilated in the second phase of appointment. Counsel for the petitioner has denied this fact and has stated that in the similar circumstance the case of other writ petitioners have been considered by this Court in C.W.J.C. No. 4913 of 2009 and by order 17.4.2009 the impugned order was set aside and direction was issued to allow all consequential benefits to the writ petitioner. Considering the fact that all other claims have been admitted, petitioner could have been entitled for appointment against the vacancies, if her candidature would have been considered. No document has been brought on record through counter affidavit to show that the vacancies have been assimilated with the vacancies in the second phase of appointment, this application is allowed and the appellate order is quashed. The respondents-authorities are directed to appoint the petitioner on the post, if vacancies as disclosed by the petitioner in para 20 of the writ application, Patna High Court CWJC No.6565 of 2009 (6) dt.23-08-2011 4 / 4 4 are still available. Petitioner be appointed against such vacancies. In case vacancies are still existing, the respondents will appoint the petitioner against the vacancies within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J)