IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1216 of 2011 In Civil Writ Jurisdiction Case No. 13370 of 2010 With Interlocutory Application No. 5967 of 2011 In Letters Patent Appeal No. 1216 of 2011 ====================================================== Md.Nasim, S/o Md. Md. Abhas, R/o Village-Dehti Yogjanbhag, P.S.-Palasi, District-Araria. .... .... Appellant/petitioner Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Primary Education, Patna. 3. The District Magistrate, Araria. 4. The District Superintendent of Education, Araria. 5. The Block Education Extension Officer, Palasi, District-Araria. 6. The Mukhia, Gram Panchayat Raj Dighali Block + P.s.-Palasi, District- Araria. 7. The Panchayat Secretary, Gram Panchayat Raj Dighali Block & P.S.- Palasi, District-Araria. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Anil Prasad Singh, Advocate. For the Respondent/s : Mr. Sanat Kumar Mishra, AAG-8. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 02-09-2011 This Appeal preferred under Clause 10 of the Letters Patent is filed 65 days beyond the period of limitation. Though it is the case of the appellant that at the relevant time he was suffering from jaundice. The application is not supported by the contemporary documentary evidence. The Appeal is preferred against the order dated 13th April 2011 made by the learned single Judge in above CWJC No. 13370 of 2010. The petition is dismissed on the sole ground of non-joinder of necessary party. Learned advocate Mr. Anil Prasad Singh has Patna High Court LPA No.1216 of 2011 (2) dt.02-09-2011 2 / 2 2 appeared for the appellant. He has submitted that though he had requested the learned single Judge for grant of time to cure the defect, the same was not granted. Be that as it may, we have heard the Appeal on merits. The selection and appointment of the appellant as Panchayat Shikshak under Gram Panchayat Dighali, Block-Palasi, P.S.-Palasi, District-Araria has been set aside by the District Teachers Employment Appellate Tribunal, Araria on the ground that the name of the appellant was inserted in the list of candidates later and that the appellants before the Appellate Authority had secured higher marks than the present appellant. Learned advocate Mr. Singh has produced photo copy of the Panchayat Register for our perusal. In the writ petition, the appellant did not dispute the finding recorded by the Appellate Authority against the appellant. Further, a bare perusal of the Panchayat Register makes it apparent that the name of the appellant was added to the list. The entry is in different handwriting. In view of the aforesaid finding recorded against the appellant, we see no merit in the challenge to the order of the Appellate Authority. The learned single Judge has also rightly rejected the writ petition on the ground of non-joinder of necessary party. For the aforesaid reasons, the Appeal and the application are rejected. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)