IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3219 of 2011 ====================================================== Chandra Kishore Prasad, son of Bhola Mahato alias Bhola Prasad, resident of village- Dhanvatiya Pipra, P.O. Pipra Naurangiya, P.S. Yogapatti, District- West Champaran .... .... Petitioner Versus 1. The State of Bihar through Secretary, Department of Human Resources Development, Government of Bihar, Patna 2. The District Magistrate, West Champaran, Bihar 3. The District Education Officer, West Champaran, Bihar 4. The Block Development Officer, Yogapatti, District- West Champaran, Bihar 5. The District Teacher Employment Appellate Authority, West Champaran, through its Member 6. Mukhiya, Pipra Naurangiya Panchayat, P.S. Yogapatti, District- West Champaran 7. Panchayat Secretary, Gram Panchayat Pipra Naurangiya, Block & P.S. Yogapatti, West Champaran, Bihar. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Abhijeet Kumar Lal & Ganesh Prasad Singh, Advocates For the State : Mr. Rewti Kant Raman, AC to GP-13 ====================================================== CORAM: HON’BLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 2. 17-10-2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated 19.10.2010 passed by the District Teacher Employment Appellate Authority, West Champaran by which the application/appeal filed by the petitioner has been rejected on the ground that it is time barred. The grievance of the petitioner is related to 2 appointment of Shiksha Mitra in the concerned Panchayat in the years 2003 and 2005. There is nothing on the record to show that any complaint was made by the petitioner to the competent authority before the year 2008 in this matter. Learned counsel for the petitioner submits that the petitioner has been filing various representations before the different authorities but to no avail and ultimately he was compelled to file a complaint before the Appellate Authority, initially the B.D.O. and thereafter the District Teacher Employment Appellate Authority. The main contention of learned counsel for the petitioner is that no time limit is prescribed for filing complaint/appeal in Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006 and thus the impugned order is contrary to law. So far as the contention of the petitioner regarding there being no period prescribed for filing an appeal/application before the Appellate Authority is concerned, this Court is in agreement with the said submission as no such time limit is to be found in the concerned rules. However, in the matters such as these relating to appointment of Teacher, it is expected that the 3 complaint is made before the competent authority within a reasonable period of time. So far as the 2005 appointment is concerned at the relevant time under the resolution and circulars of the State Government the complaint regarding illegality or irregularities in the appointments had to be made before the District Magistrate within a period of 30 days but the same has evidently not been done. On the records there is no cogent material to show that the petitioner had approached the authorities with such a complaint before January, 2008. That being the position, in a matter which involves third party rights and persons have been appointed and continued on the said post for a long period of time, the non-filing of objection or complaint by the petitioner within a reasonable period of time would definitely disentitle him for relief from the appropriate authorities. Thus, on a consideration of the entire facts and circumstances of the case, this Court is of the view that the appeal filed by the petitioner before the District Teacher Employment Appellate Authority was fit to be rejected not on the ground that it was time barred but on the ground of delay and laches in approaching the authorities. 4 The writ application is dismissed for the aforesaid reasons. S.Pandey/- (Ramesh Kumar Datta, J)