Patna High Court
Priyanka Jaiswal vs The State Of Bihar And Ors on 20 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8600 of 2017
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Priyanka Jaiswal Wife of Shri Aakash lath Resident of Goushala Road,
Bbargania, P.S. Bargania, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Education Officer, Sitamarhi.
3. District Programme Officer Establishment, Sitamarhi.
4. Secretary, Gram Panchayat Raj, Khairwa Block, Dumra, District- Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Gajanan Arun, Advocate
For the Respondent/s : Mr.Jitendra Kr.Roy No1-Sc13
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
Date : 20-05-2021
Heard learned counsel appearing on behalf of the
petitioner and learned Standing Counsel No. 13 for the State.
2. This matter was earlier heard at length. The Court
noticing that the counter affidavit filed on behalf of the
respondents as sketchy one, directed the respondents to file
further affidavit. Notwithstanding the order dated 17.03.2021,
no further affidavit has been filed.
3. The petitioner, who was at Sl. No. 1 in the merit list of
unreserved category has been ignored in the matter of
appointment.
4. It would be appropriate to quote the stand taken by the
Patna High Court CWJC No.8600 of 2017 dt.20-05-2021
respondents in para 4 of the counter affidavit.
" 4. That the statements made by the
petitioner in para 1 is in the form of prayer of
the petitioner before the Hon'ble High Court
fr grant of reliefssought for by the petitioner
and hence needs no comment. The sum and
substance of the case is, in brief, as follows:-
(i) That pursuant to advertisement dated
20.12.2014 (Annexure P/1 to the writ
petition) wherein the scheduled date for
receiving the application was between
22.12.2014 to 21.01.2015, the scheduled date
for final publication of the merit list was
04.03.2015 and the scheduled date for
approval of the merit list by the District was
16.03.2015, the petitioner and other
candidates applied for appointment on the
post of Primary Teacher in Gram Panchayat
Raj, Khairwa under Dumra Block of
Sitamarhi district.
(ii) That under due procedure a merit list was
prepared by the Panchayat Teacher
Appointment Unit, Gram Panchyat Raj,
Khairwa but the final merit list was
published on 21.03.2015 after lapse of 18
days from the scheduled date 04.03.2015 and
thereafter it was sent to the District
Education Officer, Sitamarhi vide letter no.
Patna High Court CWJC No.8600 of 2017 dt.20-05-2021
02 dated 25.03.2015 (Annexure-P/4 to the
writ petition) issued under the signature of
Panchayat Secretary, Gram Panchayat Raj,
Khairwa for approval of the District
Education Officer, Sitamarhi.
(iii) That the required merit list and the
concerned CD were not submitted by a
number of Appointments Units and so a
letter bearing no. 1033 dated 05.12.2015
(Annexure-P-5 to the writ petition) was
issued by the DEO, Sitamarhi to the
Appointment Units to submit the required
merit list with its CD in the light of
Instruction/Time Table issued by the
Department for appointment of the
candidates belonging to Urdu Category.
(iv) That later on it was found that there was
no clear instruction of the Department
regarding appointment of the candidates
belonging to General Category.
(v) That under the circumstances mentioned
above the merit list submitted by the
Panchayat Secretary, Gram Panchayat Raj,
Khairwa, Block Dumra was not approved by
the DEO, Sitamarhi and hence the petitioner
being a candidate of General Category has
not been appointed."
Patna High Court CWJC No.8600 of 2017 dt.20-05-2021
5. From the averments made in the counter affidavit noted
hereinabove, it appears that the respondents have admitted the
fact that the petitioner is at Sl. No. 1 in the merit list. It is also
admitted that the merit list was sent for approval of the District
Education Officer, Sitamarhi. It is also evident that there is
absolutely no objection so far as merit list is concerned. The
only objection was that the approval of the merit list was not
accorded before 16.03.2015 and as such notwithstanding the
fact that the petitioner was at Sl. No. 1 in the merit list was
ignored in the matter of appointment. In the aforesaid
circumstances, the Court directed the respondents to file further
affidavit but no such affidavit has been filed on their behalf.
6. In view of the above, no useful purpose would be
served by keeping the matter pending. The writ petition is
disposed of with a direction to the District Education Officer,
Sitamarhi to verify the record in relation to the appointment of
Panchayat Teacher of Gram Panchayat Raj, Khairwa, Block
Dumra, District- Sitamarhi and if it is found that the petitioner
is at Sl. No. 1 in the merit list, he shall ensure appointment of
the petitioner in unreserved category considering her merit
position. Necessary decision including issuance of appointment
letter and posting of the petitioner must be taken by the
Patna High Court CWJC No.8600 of 2017 dt.20-05-2021
respondent- District Education Officer, Sitamarhi at the earliest
preferably within a period of three months from the date of
receipt/production of a copy of this order failing which the
District Education Officer, Sitamarhi shall not draw salary after
expiry of three months period from the date of communication
of the order.
7. With the aforesaid, the writ petition stands disposed
of.
8. Let a copy of this order be communicated to the
Principal Secretary of the Department to ensure that henceforth
no person like the petitioner of this case is denied appointment
on account of delay in approval of merit list by the officials of
the Education Department.
(Anil Kumar Upadhyay, J)
spandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.05.2021
Transmission Date
