IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2851 of 2009 Md. Jahangir @ Munna, Chairman, Minority Cell (JDU), Chakai Block, District Jamui, son of Late Rahman Ali, village Nagani, PS Chakai, Dist. Jamui – Petitioner. Vs. 1) The State of Bihar through the Secretary, Department of HRD, Bihar. 2) The Dist. Magistrate cum chairman, Bihar Education Project,Dist. Jamui. 3) The Dist. Supdt. Of Education, Jamui. 4) The Block Dev. Officer, Chakai, Jamui. 5) The Block Education Extension Officer, Chakai, Jamui. 6) The Panchayat Secretary, Chakai, Jamui. 7) The Mukhiya, Chakai Panchayat, Jamui. 8) Birendra Kumar, son of Dwarika Ram, Teacher Ambadih Primary School, Chakai, Jamui. 9) Dr. Kumar Vijay, at present Eye and ENT Specialist, Medical Officer, Sadar Hospital, Deoghar, Jharkhand, Sundar Lal Mishra Road, Kali Mandir, Near Subash Chowk, Casten Town, Deoghar, Jharkhand. 10) Chief Medical Officer cum Chairman, Medical Board, Referal Hospital, Jamui. 11) Dr. Vijay Kumar, Surgeon cum Member, Medical Board, Eye, ENT Specialist, Referal Hospital Jamui. 12) Dr. Naushad Alam, Author Member, Medical Board, Referal Hospital, Jamui – Respondents. 4 25.10.2011 Heard learned counsel for the parties. This writ petition has been filed on behalf of the petitioner who claims to be the Chairman of the Minority Cell (JDU). This petitioner has challenged the appointment of respondent no.8 as a teacher in primary school. The ground of challenge is that when the advertisement was issued, respondent no. 8 had applied under the general category. One Naresh Ram had applied and was appointed within the category of handicapped person. Naresh Ram resigned on 22.1.2007 and thereafter respondent no.8 claims appointment on the ground that he was a handicapped person. A certificate was produced on his behalf 2 stating therein that his hearing was impaired. As per the counter affidavit filed on behalf of respondent no.10 it would appear that a medical board was constituted on 25.9.2007 consisting of the Civil Surgeon cum Chief Medical Officer as the Chairman, Dr. Vijay Kumar, Special ENT and Dr. Naushad Alam as members of the Board. Forty persons including respondent no.8 appeared before the Board and after examining them and taking a test, respondent no.8 was found to be disabled by 45% in both the ears. Counsel for the petitioner submits that in fact respondent no.8 was a handicapped person. He would have applied for the post as a handicapped person. The subsequent claim as a handicapped persons appears to have been made as an after thought in order to get appointment as a teacher. The petitioner has virtually filed this writ petition as a public interest litigation claiming and challenging the illegal appointment on the post of teachers pin pointing respondent no.8 as he is husband of the Mukhiya and the petitioner appears to be politically inclined person as he is Chairman, Minority Cell, JDU. Whatever be the reason, this court has to accept the counter affidavit of respondent no.10, there being no material to disbelieve the statements made aforesaid. In view of the aforesaid facts, this writ petition is dismissed. haque ( Sheema Ali Khan, J .)