IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1204 of 2011 In Civil Writ Jurisdiction Case No. 17473 of 2010 With Interlocutory Application No. 5894 of 2011 In Letters Patent Appeal No.1204 of 2011 ====================================================== Usha Kumari, W/o Sri Arbind Kumar Rai, R/o Village- Harnahi, P.S.- Jagdishpur, District.- Bhojpur. .... .... Petitioner/Appellant Versus 1. The State of Bihar through The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The District Superintendent of Education, Bhojpur at Ara. 3. The Sub-Divisional Officer, Jagdishpur, Bhojpur . 4. The Block Development Officer, Jagdishpur, Bhojpur . 5. The Block Education Extension Officer, Jagdishpur, Bhojpur. 6. The Mukhiya, Gram Panchayat Raj, Dalippur, Block- Jagdishpur, P..S- Dangai, Distt.- Bhojpur. 7. The Panchayat, Secretary, Gram Panchayat Raj, Dalippur, Block- Jagdishpur, P.S.- Dangai, Distt.- Bhojpur. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Gajanan Arun, Advocate. For the Respondent/s : Mr. Gyan Prakash Ojha, A.C. to GA 5. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 06-09-2011 Re. Interlocutory Application No. 5894 of 2011: The delay of 24 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Patna High Court LPA No.1204 of 2011 (4) dt.06-09-2011 2 / 4 2 Re. Letters Patent Appeal No. 1204 of 2011: Feeling aggrieved by the judgment and order dated 13th May 2011 passed by the learned single Judge in above CWJC No. 17473 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. It is the claim of the appellant that pursuant to the recruitment process initiated in 2008, the appellant had applied for appointment as Panchayat Teacher under the Gram Panchayat Raj Dalippur, Block-Jagdishpur, District-Bhojpur. In spite of her application, she was not called for counselling. She, therefore, approached the Teacher Employment Appellate Authority, Bhojpur (hereinafter referred to as ‘the Appellate Authority’). The Appellate Authority under its order dated 15th July 2009 directed the Gram Panchayat to hold counselling for the petitioner. According to the appellant, pursuant to the said direction and the direction issued by the Sub Divisional Officer on 21st November 2009 the Selection Committee of the Gram Panchayat held counselling for the appellant. As a result of such counselling she was offered appointment as Panchayat Teacher on 15th December 2009. Nevertheless, as the appellant was not allowed to join the service, she approached this Court in above CWJC No. 17473 of 2010. The learned single Judge has, instead of issuing direction to the Gram Panchayat Raj to allow the writ petitioner to join the service, passed the impugned order dismissing the writ petition. Therefore, the present Appeal. Learned Advocate Mr. Gajanan Arun has appeared for the appellant. He has filed supplementary affidavit in the present Appeal to produce receipt dated 10th November 2008 Patna High Court LPA No.1204 of 2011 (4) dt.06-09-2011 3 / 4 3 issued on behalf of the Gram Panchayat, Dalippur, Block- Jagdishpur (Bhojpur); the papers of the counselling made by the Selection Committee of the Gram Panchayat and the letter of offer of appointment dated 15th December 2009 and the consent letter submitted by the appellant. Learned Advocate Mr. Gyan Prakash Ojha has appeared for the respondents- the State Government. He has submitted that under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006, it is the Gram Panchayat Secretary who is authorised to receive applications for appointment as Panchayat Teacher. In the present case, the receipt produced by the appellant shows that some person other than the Panchayat Secretary, had issued the said receipt. Prima facie, the application for appointment, if any, was made on 10th November 2008, after the last date of making application. He has submitted that the order of the Appellate Authority appears to be doubtful. It is really not an order made in the capacity of quasi judicial officer or authority, but is a mere communication directing the Gram Panchayat to hold counselling for the appellant. We have perused the records and the judgment of the learned single Judge. The learned single Judge has expressed doubt about the genuineness of the claim made by the appellant. We do agree with the learned single Judge. The appellant has not established before the learned single Judge or before us that the appellant had made application pursuant to the public notice within the specified period. The direction by the Appellate Authority (Annexure-1 to the writ petition) also appears to be doubtful. We are of the opinion that the learned single Judge Patna High Court LPA No.1204 of 2011 (4) dt.06-09-2011 4 / 4 4 has rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)