IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.965 of 2011 In Civil Writ Jurisdiction Case No. 8940 of 2010 ====================================================== Munni Kumari, daughter of Sri Sheo Narayan Sharma, resident of Village Khuna, P.O. Gangapur, P.S. Hulasganj, Dist. Jehanabad. .... .... Appellant/s Versus 1. The State of Bihar through the District Magistrate, Jehanadbad. 2. The Member, District Teacher Employment Appellate Authority, Jehanabad. 3. The Additional Collector, Jehanabad. 4. The District Education Superintendent, Jehanabad. 5. The Block Development Officer, Hulasgan. 6. The Block Education Officer, Hulasganj. 7. The Mukhiya Gram Panchayat, Keur. 8. The Panchayat Secretary, Gram Panchayat, Keur. 9. Baby Kumari, wife of Ramashray Sharma, resident of Village Khuna, P.O. Gangapur, P.S. Hulasganj, Dist. Jehanabad .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. S. Azeem with Mr. Shankar Kumar, Advocates For the Respondent/s : Mr. Lakmesh Marvind, A.C. to S.C.-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 19-07-2011 The writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent against the judgment and order dated 5th May 2011 passed by the learned single Judge in above CWJC No. 8940 of 2010. In answer to an advertisement, the appellant applied for Patna High Court LPA No.965 of 2011 (3) dt.19-07-2011 2 appointment as Shiksha Mitra in the Keur Village Panchayat, Hulasganj Block, District Jehanabad. Amongst the applicants one Baby Kumari wife of Ramashray Sharma, the respondent no. 9 was selected and appointed as Shiksha Mitra. The appellant was not selected as such. Feeling aggrieved, the appellant approached the District Teacher Appointment Appellate Authority, Jehanabad in Complaint No. 354 of 2009. According to the appellant, she had secured 67.88 per cent marks in the Intermediate Examination whereas the aforesaid Baby Kumari had secured 60.33 per cent marks in the Intermediate Examination. The appellant had, therefore, better qualification than the said Baby Kumari. However, contrary to the merit position, the said Baby Kumari was appointed whereas the appellant was deprived of such appointment. The appellate authority upheld the appointment of the said Baby Kumari and rejected the complaint lodged by the appellant. Feeling aggrieved, the appellant filed above CWJC No.8940 of 2010 under Article 226 of the Constitution. The learned single Judge has rejected the writ petition, therefore, the present Appeal. Learned Advocate Mr. S. Azeem has appeared for the appellant. He has vehemently argued that the appellant was better qualified than the aforesaid Baby Kumari. At the relevant time the appellant was not married and she was the resident of Kuer Village. Rejection of her case was totally unwarranted. For appointment of Shiksha Mitra in the Gram Panchayats the State of Bihar had issued instructions on 11th August 2004. Paragraph 4 of the said instructions provided for eligibility; that the candidate should be a resident of the Patna High Court LPA No.965 of 2011 (3) dt.19-07-2011 3 concerned Panchayat and should have obtained at least 45 per cent marks in Intermediate or equivalent examination. Paragraph 7 of the said instructions provided that the candidate for appointment as Pancyayat Shiksha Mitra should have minimum qualification of Intermediate and Diploma in Education or B.Ed. would be preferred. The said Paragraph 7 also provided detailed method for ascertaining comparative merits amongst the trained and untrained candidates as under (translated in English): Schedule ‘A’ The weightage to be given for preparation of merit list of trained persons. Sr. No. Qualification 30 % to 60 % 60 % to 75 % Above 75 % 1. Intermediate 10 15 20 2. Graduate 4 7 9 3. Post Graduate 5 8 10 *4. Trained 5 8 10 **5. Trained in Physical Education 5 8 10 Schedule ‘B’ The weightage to be given for preparation of merit list of untrained persons. Sr. No. Qualification 30 % to 60 % 60 % to 75 % Above 75 % 1. Intermediate 10 15 20 2. Graduate 4 7 9 3. Post Graduate 5 8 10 **4. Trained in Physical Education 5 8 10 The note below the said aforesaid paragraph 7 provided that the weightage being equal persons with higher qualification will be placed higher in the merit list. Patna High Court LPA No.965 of 2011 (3) dt.19-07-2011 4 The above schedules indicate that apart from marks obtained at intermediate examination, weightage is given for every higher qualification. The merit position is determined on the basis of the total of weightage given for intermediate exam result as well as other qualifications possessed by a candidate. Thus, mere higher marks at Intermediate Examination would not place a candidate at higher position in the merit list. It is the cumulative effect of the marks obtained in all qualifying examinations including Intermediate Examination and any other higher qualification that a candidate may possess that would govern the merit position. It has not been brought on record whether the aforesaid Baby Kumari was a trained person or not or whether she possessed any qualification other than Intermediate. In absence of assertion in the writ petition or materials on record that the aforesaid Baby Kumari did not possess any qualification other than the Intermediate and in view of the finding recorded by the appellate authority, we have no reason to hold that the appellant was better suited or better qualified for appointment to the post of Panchayat Shiksha Mitra. Besides, the dispute raised by the petitioner also suffers from delay and laches. Though the appointment of the aforesaid Baby Kumari was made as far back as in the year 2005 the appellant challenged the said appointment in 2009, four years after the appointment and three years after the post of Shikshsa Mitra was abolished. With effect from 1st July 2006 a new cadre of Panchayt Shikshak was created governed by the new set of rules namely The Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006. Not only the appellant’s claim is devoid of merit, it is barred by delay and laches also. The learned single Judge has Patna High Court LPA No.965 of 2011 (3) dt.19-07-2011 5 rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. M. Rahman/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)