IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10010 of 2009 AMARJEET KUMAR SINGH SXON OF ARUN KUMAR SINGH, RESIDENT OF VILLAGE OLAPUR GANGAUR, P.S. GANGAOUR DISTRICT KHAGARIA----PETITIONER Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, KHAGARIA 3. DISTRICT EDUCATION OFFICER, KHAGARIA 4. SRI YOGENDRA PASWAN, MEMBER, DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL, KHAGARIA 5. SRI SURENDRA SINGH, AREA EDUCATION OFFICER, BELA SIMRI, DISTRICT KHAGARIA 6. SUNIL KUMAR, PANCHAYAT SECRETARY, BELA SIMRI DISTRICT KHAGARIA 7. SUDHA PASWAN, MUKHIYA, BELA SIMRI, DISTRICT KHAGARIA 8. PRINCIPAL, PRIMARY SCHOOL, KHAIRI, BELA SIMARI, DISTRICT KHAGARIA 9. MITHELESH PASWAN, DEPUTY MUKHIYA, MEMBER OF PANCHAYAT TEACHER SOCIETY, BELA SIMRI, DISTRICT KHAGARIA 10. PANCHAYAT SEWAK, GRAM PANCHAYAT RAJ, BELA SIMRI DISTRICT KHAGARIA 11. GRAM PANCHAYAT SAMITI, BELA SIMRI, DISTRICT KHAGARIA 12. BACHANDEV CHAURASIA, SON OF KAILASH PRASAD CHAURASIA, BELA SIMRI, P.S. GANGAUR, DISTT. KHAGARIA------ RESPONDENTS. ----------- 2 4.9.2009 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for quashing the order dated 8.7.2009 passed by the Member, District Teacher Employment Appellate Tribunal, Khagaria. By the impugned order the petitioner who was appointed on the post of Panchayat Teacher, his appointment has been held to be illegal and direction has been issued to - 2 - terminate him from service. From perusal of the impugned order it transpires that petitioner was appointed as a Panchayat Teacher in complete disregard of the selection process. Two selection Panels were produced before the Appellate Tribunal and in both the panels petitioner was below the respondent no.12 Bachandev Chaurasia. Considering the merit of respondent no.12 Bachandev Chaurasia, an appointment letter was issued giving him time till 20.11.2006 for joining but before the date could have expired, petitioner was appointed on 24.11.2007. On both the counts i.e. the selection of the petitioner and issuing appointment letter in his favour, I find apparent illegality. The Appellate Tribunal has rightly decided that the appointment of the petitioner was not in accordance with law, and directed for termination of petitioner from service. I find no merit in this application and it is dismissed accordingly. (Mridula Mishra,J.) A.Kumar