IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 20336 of 2011 ====================================================== Md. Hidaytullah S/O Md. Arif Hussain Resident Of Village - Lahor Gachhiya, P.S. - Singhiya, District - Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar , Through , The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna 2. The Director, Primary Education, Human Resources Development Department, Govt. Of Bihar, Patna 3. The Member , District Teacher Employment Appellate Authority, Samastipur, District - Samastipur 4. The District Education Officer, Samastipur, District - Samastipur 5. The District Programme Officer, Bihar Education Programme, Samastipur District - Samastipur 6. The Mukhiya, Gram Panchayat Raj Mahara, Block - Singhiya, District - Samastipur 7. The Panchayat Secretary, Gram Panchayat Raj Mahara, Block - Singhiya, District - Samastipur 8. Arvind Kumar S/O Sri Ram Sah Resident Of Village - Hanuman Nagar, P.O. - Bharwari, P.S. + Block - Rosera, District - Samastipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar For the Respondent/s : Mr. Kaushal Kr. Jha Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 03. 26.04.2012 Today a rejoinder affidavit on behalf of the petitioner has been filed, wherein a notification, dated 13.04.2009, issued by the District Education Officer, Samastipur has been annexed to show that in similar circumstances certain teachers appointed in the Panchayat as Urdu Teachers were ordered to be accommodated or regularized or assimilated and the case of the present petitioner ought to be done in the similar fashion. The reliance of the petitioner on Annexure- 9 can be distinguished from reading of Annexure- 9 itself. Annexure- 9 clearly indicates the circumstances under which those two persons were Patna High Court CWJC No.20336 of 2011 (3) dt.26-04-2012 2/2 ordered to be accommodated due to the omission committed on behalf of respondent-authorities in indicating the status of the vacancies. That is not the case in the present dispute. The Tribunal has categorically held that appointment of the petitioner has been made against a general teacher, when he had degree, which was valid for appointment as a Urdu Teacher alone and there is no clear and categorical material placed before this Court to show that there was a vacancy for Urdu Teacher against which the petitioner can be accommodated. If he is occupying a wrong seat or a wrong position or a post in the Panchayat by virtue of an illegal decision taken by the Panchayat, the Tribunal was correct in correcting the same by ordering his removal, because no person can continue on the post under which he is not entitled even though he may have been appointed by the Panchayat illegally. The impugned order does not require any interference. Writ Application is dismissed. SKM/- (Ajay Kumar Tripathi, J.)