IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.172 of 2010 1. SAIYAD HUSSAIN S/O MOH. AJIM R/O VILL-BALAPUR, POST- SADARPUR, P.S- BADHARIA, DISTT- SIWAN (BIHAR) Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, 2. THE DISTRICT MAGISTRATE, SIWAN 3. THE DISTRICT EDUCATION APPOINTMENT APPELALTE AUTHORITY THROUGH ITS MEMBER, SIWAN 4. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN 5. GRAM PANCHAYAT AT PANCHAYAT RAJ BALAPUR THROUGH ITS PANCHAYAT SECRETARY, BLOCK-BARHARIA, DISTT- SIWAN 6. MR. SHAMIA AFROJ MUKHIYA, GRAM PANCHAYAT BALAPUR, BLOCK-BARHARIA, DISTT- SIWAN 7. RUKSHNA PRAVEEN W/O SIYED IMTIYAZ HUSSAIN PANCHAYAT TEACHER IN RAJKIYA PRATHMIK VIDYALAYA, BANGRA, BALAPUR, PANCHAYAT ----------- 2 6.5.2010 Heard counsel for the petitioner and the counsel appearing for the State. The petitioner is aggrieved as he has been terminated from the post of Panchayat teacher after serving for more than two years. The prayer of the petitioner is for quashing the order contained in memo no. 1131 dated 31.10.2009 passed by the District Teachers Employment Appellate Tribunal, Siwan. On perusal of the impugned order, it transpires that in Gram Panchayat Raj Balapur the applications were invited for ten posts of Panchayat Teacher. As per 2 the reservation roaster there were three posts in unreserved General category, two posts in unreserved female category, one post in EBC category, one post in EBC(Female) category, one SC (General), One SC (Female) and one post in backward category Out of ten posts only one post was for Urdu teacher on which candidate having moulvi degree could have been appointed. Three persons having moulvi degree were appointed. When this irregularity was noticed, all three appointees, namely, Ruksana Praveen, Gulam Sahid and Syed Hussain’s appointment were taken into consideration. So far Gulam Sahid is concerned; he had applied against unreserved General Category. Syed Hussain ( petitioner) had applied against extremely backward category and Ruksana Praveen’s case was considered against post in unreserved (female) category. Ruksana Praveen in unreserved female category was adjusted against the single post of Urdu Teacher. Petitioner’s grievance is that, since he possessed higher marks than Rukshana Praveen, as such he should have been appointed against the post reserved 3 for extremely backward, as Urdu teacher. He was appointed in extremely backward category, against the vacancy created on termination of Anil sah, as he was appointed on the basis of forged certificate. The fact is that petitioner Syed Hussain, Gulam Sahid and Rukshna Praveen, all three possessed Moulvi degree and they could not have been appointed on a General teachers post, in reserved or backward category. Since Rushana Praveen’s candidature was considered against unreserved female category, as such having moulvi degree, she was appointed on Urdu teachers post. Her case is not comparable to the case of the petitioner, who had applied for general teachers’ post in extremely backward category, without having requisite qualification for the post. The District Teachers Employment Appellate Tribunal, has rightly decided that both petitioner and Gulam Sahid could not be adjusted against the post of Urdu Teacher, on which Rukshana Praveen was appointed. I do not find any merit in the writ application. 4 It is dismissed according. (Mridula Mishra,J.) A.Kumar