IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18548 of 2009 1. PAWAN KUMAR SAH S/O LATE RAM CHARITRA SAH R/O VILLAGE + P.O.- BUDHWA PATATI, P.S.- ALAULI, DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER CUM SECRETARY PRIMARY EDUCATION, ADULT EDUCATION, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE/COLLECTOR KHAGARIA 3. THE SUB-DIVISIONAL OFFICER KHAGARIA 4. THE DISTRICT EDUCATION SUPERINTENDENT KHAGARIA 5. THE BLOCK EDUCATION EXTENSION OFFICER ALAULI, KHAGARIA 6. THE PANCHAYAT SECRETARY, BHIKHARI GHAT GRAM PANCHAYAT RAJ DISTT.- KHAGARIA 7. THE DISTRICT TEACHER'S EMPLOYMENT APPELLATE TRIBUNAL KHAGARIA 8. THE MUKHIYA OF BHIKHARI GHAT GRAM PANCHAYAT RAJ P.S.- ALAULI, BLOCK- ALAULI, DISTT.- KHAGARIA 9. RAM CHANDRA PRASAD YADAV S/O TURANTI YADAV R/O VILL.- BUDHWA, P.S.- ALAULI, DISTT.- KHAGARIA ----------- 02/ 29.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 9.10.2009 passed in Appeal Case No. 262-01/09 by District Teachers Employment Appellate Tribunal, Khagaria. The Tribunal has rejected the appeal preferred by the petitioner. The petitioner was one of the candidates, who had applied for the post of Panchayat Shiksha Mitra in Bhikhari Ghat Gram Panchayat Raj in the year, 2005. Petitioner had applied for the post of Panchayat Shiksha Mitra in extremely backward category for which one post was reserved. In the final selection he was not selected in the most backward category and one Shekhar Sudhanshu - 2 - was selected, who has higher marks than the petitioner. The petitioner has tried to make out a case in his favour stating that Arvind Kumar and Murari Kumar were selected in backward category, in fact, they should have been selected in unreserved category, as they secured highest marks. Persons belonging to reserved category, having higher marks must be selected against the unreserved post. In this way, if Murari Kumar would have been selected in unreserved category, Ram Chandra Prasad Yadav belonging to backward category should have appointed at the place of Murari Kumar and thus there would have been a chance for petitioner’s selection. Against Ram Chandra Prasad Yadav, allegation made by the petitioner is that he was selected on the basis of wrong calculated marks. His actual marks should have been 560 but due to wrong calculation, it was considered 620, at the time of selection. I find that even in case Ram Chandra Prasad Yadav would have been selected on the basis of correct marks, it would have been higher than the petitioner, who has got 553 marks. I find that petitioner has not been able to make out a case. Further I find that the tribunal has rightly rejected the - 3 - claim of the petitioner, on this ground that as per the government policy decision, in case any irregularity is found in selection of Panchayat Shiksha Mitra, illegally selected persons appointment can be cancelled but the person claiming for appointment in their place, will have to undergo through fresh selection process, for the purpose of appointment. There is no merit in this application. It is dismissed. DKS/ (Mridula Mishra, J.)