IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15913 of 2010 1. MD.SHAMSUL HAQUE S/O MD. HASAN R/O VILL MIR SHIKAR TOLA, P.S.TEGHRA, DISTT-BEGUSARAI---------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 3. THE MEMBER, DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY SAMASTIPUR, DISTT-SAMASTIPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION SAMASTIPUR, DISTT-SAMASTIPUR 5. THE BLOCK DEVELOPMENT OFFICER ROSERA, DISTT-SAMASTIPUR 6. THE BLOCK EDUCATION OFFICER ROSERA, DISTT- SAMASTIPUR 7. THE MUKHIYA GRAM PANCHAYAT RAJ MOTIPUR, ROSERA, DISTT- SAMASTIPUR 8. THE SECRETARY, GRAM PANCHAYAT RAJ MOTIPUR, ROSERA, DISTT-SAMASTIPUR 9. ABDUL MANNAN S/O NOT KNOWN R/O VILL FATEHPUR, P.S.ROSERA, DISTT-SAMASTIPUR, AT PRESENT WORKING AS PANCHAYAT TEACHER AT PRIMARY SCHOOL, MOTIPUR, P.S.ROSERA, DISTT-SAMASTIPUR------------------------RESPONDENTS ----------- 2 3.5.2011 Heard learned counsel for the parties. Case was filed by the petitioner making an allegation against the Member of District Teachers Employment Appellate Authority, Samastipur that one Abdul Mannan with only 53% of marks has been appointed as Urdu teacher whereas the petitioner having 55% of marks was ignored. The finding given by the appellate authority that for the petitioner Urdu was just an additional paper whereas Abdul Mannan who belongs to Extremely Backward category was Molvi degree holder. Since the appointment was for the post of Urdu teacher therefore the weightage have to be given to Abdul Mannan looking at the degree which he is holding. Since appointment was to be made for Urdu teacher mere percentage of additional paper which the petitioner possessed may not be good enough for Urdu - 2 - teacher under the respondent. The reason for the rejection of the claim of the petitioner is obvious. No interference is, therefore, warranted with the order dated 23.3.2010. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)