IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16327 of 2009 1. ARBIND KUMAR GUPTA S/O RAMKHELAWAN SAH R/OVILL RAMOL, P.S. BANDHAR, DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. MEMBER DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY SAMASTIPUR 3. DISTRICT EDUCATION OFFICER SAMASTIPUR 4. HARDIA PANCHAYAT SIKSHA KAMATI THROUGH MUKHIYA VILL BARI, P.S.SINGHIA, DISTT- SAMASTIPUR 5. SISIR KUMAR SINGH S/O LATE GANESH PD SINGH MILKI, P.S.SINGHIA, DISTT- SAMASTIPUR ----------- 02/ 19.03.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 31.7.2009 passed by the District Teachers Employment Appellate Tribunal, Samastipur. The appeal was preferred by the petitioner against appointment of Kumod Kumar Mishra, on the post of Panchayat teacher, against the post reserved for disabled person. Petitioner’s case is that though he had higher marks than the appointed candidate, he was even denied the opportunity to participate in the counselling. Persons having lesser marks were called for counselling and also appointed. On perusal of impugned order I find that Kumod Kumar Jha was earlier appointed against reserved post of disabled but his appointment has already been cancelled, as - 2 - if was found to be illegal. The post was reserved for disabled persons having disability in respect of Speech and hearing and not for Orthopedically disabled person. Kumod Kumar Jha having Orthopedic disability, was appointed against the reservation roaster and finally terminated for this reason. Petitioner also belonged to same category, as he is also orthopedically disabled person. In this circumstance, petitioner is also not eligible for appointment, against the post reserved for disabled. Otherwise also, subsequent to 30.11.2007, against the vacancy under 2006 Rules, no appointment can be made. Petitioner has option to apply against vacancies advertised under 2008 Rules. This application is dismissed. DKS/ (Mridula Mishra, J.)