IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 22998 of 2011 ====================================================== Hari Prasad Singh, S/o Ram Naresh Singh, Resident of Vilalge – Naranpur, P.S. – Agiwaon, District - Bhojpur .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Alka Verma For the Respondent/s : Mr. G.K. Agrwal Ga10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 02. 30.04.2012 Petitioner challenges the order passed by the District Teachers Employment Appellate Tribunal, Bhojpur, which is dated 29.08.2011. She is aggrieved, because the Tribunal refused to set aside the selection or appointment of Respondent No. 9, Anil Kumar Upadhyaya, whereas, the same Tribunal has set aside the appointment of yet another person, namely, Ajay Kumar Upadhyaya. So far as the refusal of the Tribunal to pas an order against Respondent No. 9 is concerned, the Tribunal has taken into consideration that the said person was not only an Intermediate but also a graduate and a B.Ed., which entitled him to certain advantages in such appointment, if not weighttage. Petitioner may be a post-graduate, but in matters of appointment of Teachers, a B.Ed. degree carries more weight then an ordinary degree. Even otherwise, this Court is constrained to take into consideration some recent decision of the High Court, wherein, the Courts have said that there may not be an occasion to reopen Patna High Court CWJC No.22998 of 2011 (2) dt.30-04-2012 2/2 issues of any illegality in appointment of Panchayat Shiksha Mitra after they became Panchayat Teacher in the year 2006, as much time has passed. If any illegality had been committed, the same came to an end after they become a Panchayat Teacher. Since such views has not been altered, amended or modified in any subsequent decision, this Court will also be reluctant to give any leverage to the petitioner to oust the private-respondent from his present post of Panchayat Teacher. The issue or the origin of the dispute is the non-selection of the petitioner as a Panchayat Shiksha Mitra. This Court finds no merit in the present Writ Application, it is dismissed. SKM/- (Ajay Kumar Tripathi, J.)