IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1827 of 2011 In Civil Writ Jurisdiction Case No. 20297 of 2010 With Interlocutory Application No. 8241 of 2011 In Letters Patent Appeal No.1827 of 2011 ====================================================== Anamika Kumari, D/o Sri Jawahar Prasad Singh, R/o Village-Chak Habib, P.O.-Gangapur, P.S.-Musarigharari, District-Samastipur. .... .... Appellant/Petitioner Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Member District Teacher Employment Appellate Authority, Samastipur, District-Samastipur. 5. The District Magistrate, Samastipur, District-Samastipur. 6. The District Superintendent of Education, Samastipur, District- Samastipur. 7. The Block Development Officer, Sarairanjan, District-Samastipur. 8. The Block Education Officer, Sarairanjan, District-Samastipur. 9. The Mukhiya, Gram Panchayat Raj, Lat Basepura, P.S. Musarigharari, District-Samastipur. 10. The Panchayat Secretary Gram Panchayat Raj- Lat Basepura, P.S. Musarigharari, District-Samastipur. 11. Mira Kumari, D/o Late Bindeshwar Rai, R/o At+P.O.-Kharaj, Jitwarpur, P.S.-Samastipur (Sadar) District-Samastipur at present working as Panchayat Teacher at Chainpur, Lat Basepura, P.S. Musarigharari, District-Samastipur. .... .... Respondents/Respondents ====================================================== Appearance : Patna High Court LPA No.1827 of 2011 (2) dt.02-12-2011 2 / 3 2 For the Appellant : Mr. Manish Kumar, Advocate with Mr. Mritunjay Kumar, Advocate For the Respondents : Mr. Prahlad Kr. Bhagat, GP-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 02-12-2011 Interlocutory Application No. 8241 of 2011: The delay of 19 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1827 of 2011: This Appeal preferred by the writ petitioner under Clause 10 of the Letters Patent arises from the judgment and order dated 15th July 2011 passed by the learned single Judge in above C.W.J.C. No. 20297 of 2010. The matter at dispute is the appointment of Panchayat Shikshak in Gram Panchayat Lat Basepura, Block Sarairanjan, District Samastipur. According to the appellant, pursuant to the advertisement for selection for appointment of Panchayat Teachers, she had applied for employment as Panchayat Teacher in the category of Backward Class (Female). Although, she had participated in the selection process as well as counselling she was denied employment on the pretext that the appellant had not appeared for counselling. Since the date of cause of action the matter has traveled a long distance. At the first instance the concerned Block Development Officer constituted a committee with two other Patna High Court LPA No.1827 of 2011 (2) dt.02-12-2011 3 / 3 3 officers and allowed the claim of the appellant; made a fresh panel of seven persons. The said decision was upset by the District Magistrate on the ground that the Block Development Officer had exceeded his jurisdiction. Since then the appellant lodged complaint before the District Teacher Employment Appellate Authority, Samastipur in Appeal No.404/2009 preferred under Rule 18 of the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006. The Appellate Authority has rejected the appeal filed by the appellant. Challenge to the said order of the Appellate Authority before the learned single Judge has failed. Therefore, this Appeal. In absence of the contest that the appellant indeed appeared for counselling, the claim of the appellant for employment as Panchayat Teacher or in the alternative to cancel the entire selection process cannot be countenanced. Appeal is devoid of merit. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)