Patna High Court
Gangadhar Bihari vs The State Of Bihar on 5 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.406 of 2024
In
Civil Writ Jurisdiction Case No.7083 of 2019
======================================================
Gangadhar Bihari Son of Sri Ram Chandra Mahto Resident of Village
Mubarakpur, Fulkari Gram Panchayat Raj Parra, Block- Birpur, District
Begusarai, Presently working inder the Headmaster of Primary School,
Saraunja (East), as Panchayat Teacher, Gram panchayat Raj Parra, P.O. and
Block- Birpur, District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Human
Resources (Now Education Department). Government of Bihar, Patna.
2. The District Magistrate Begusarai.
3. The District Education Officer Begusarai
4. The District Programme Officer (Establishment) Begusarai
5. The Block Development Officer Birpur, Begusarai
6. The Block Education Extension Officer Birpur, Begusarai.
7. The Mukhiya-cum-Chairman Panchayat Teachers Niyojan Committee, Gram
Panchayat Raj Parra, Block- Birpur, Begusarai.
8. The Panchayat Secretary-cum-Secretary of Panchayat Teachers Niyojan
Committee Gram Panchayat Raj Parra, Block- Birpur, Begusarai.
9. Lal Babu Sah Son of Sri Bhola Sah Resident of village Saraunja under Gram
Panchayat Raj Parra, Block and P.S.- Birpur, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. P.N.Shahi, Sr. Advocate
Mr.Shivam, Advocate
For the Respondent/s : Mr. Anjaneya Singh, AC to AAG-13
For the Respondent No.9: Mr. Mithilesh Kumar, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 05-02-2025
Heard Mr. P.N. Shahi, the learned Senior
Advocate for the appellant and Mr. Mithilesh Kumar,
learned Advocate for the respondent no. 9. The State is
represented by Mr. Anjaneya Singh, learned Advocate.
Patna High Court L.P.A No.406 of 2024 dt.05-02-2025
2/6
2. The judgment under challenge is dated
18.03.2024
passed in C.W.J.C. No. 7083 of 2019, whereby
the conclusion of the State Appellate Tribunal in favour of
respondent no. 9 has been approved and not interfered
with, holding that respondent no. 9 would be entitled to
be appointed as Panchayat Teacher in the concerned
Block as he had more marks than the appellant and both
of them came from the Backward Category.
3. The facts of this case need be narrated in
short. Against an advertisement issued in the year 2008
for appointment of Panchayat Teachers, the appellant and
the respondent along with several others applied. Both of
them were successful but in the counselling which was
held on 28.02.2009, respondent no. 9 did not appear,
leaving the field open for the appellant as the person in
Backward Category having obtained highest marks.
Precisely for this reason, he was selected and joined as a
Panchayat Teacher, where he continued to teach for
about 14 years.
4. After about ten months of the selection of the
appellant on such post, a complaint was made by
respondent no. 9 before the District Teachers Appellate
Authority, alleging that he was wrongly shut out from the
selection process by treating him as a candidate in the
General Category. In fact, he had applied in the Backward
Patna High Court L.P.A No.406 of 2024 dt.05-02-2025
Category and had the highest marks in that category.
5. In any view of the matter, if his name would
have been shown in the merit list of Backward Class
candidates, he would have been the first from the list to
be chosen. That he did not attend the counselling was
because his name never appeared in the merit list of the
Backward Category candidates.
6. It may be noted here that the merit list was
posted by the employment unit inviting objections. No
objection appears to have been raised by respondent no.
9 and, therefore, other persons were appointed in
different categories including the appellant in the
Backward Category.
7. The private respondent no. 9 thereafter came
before this Court vide C.W.J.C. No. 6032 of 2012, which
was dismissed for non-prosecution and the prayer for
restoring the case to its original file also got dismissed.
Another writ was filed by him vide C.W.J.C. No. 13836 of
2013, which too was dismissed but liberty was given to
respondent no. 9 to approach the State Teachers
Appellate Authority.
8. The appeal of respondent no. 9 before the
State Teachers Appellate Authority was allowed holding
that the entire documents placed on record clearly
indicated that the respondent no. 9 had applied in the
Patna High Court L.P.A No.406 of 2024 dt.05-02-2025
Backward Category and had more marks than the
appellant.
9. The challenge by the appellant against that
order in C.W.J.C. No. 7083 of 2019 could not be sustained
and the order passed by the State Teachers Appellate
Authority was affirmed.
10. Though we have not been able to find the
exact reason for the learned Single Judge to have come to
the conclusion that the respondent no. 9 had applied in
the Backward Category, but from the order passed by the
State Teachers Appellate Authority, we have found that a
proper inquiry was made and only thereafter it could be
ascertained that there was an entry in the register
maintained by Mukhiya, showing the respondent as
having applied in the General Category and not Backward
Category.
11. The State Teachers Appellate Authority has
categorically recorded the submissions of the parties. It
had called for the report from the BDO, which was
brought on record by way of an affidavit. The affidavit
read that from the perusal of the inquiry report, it was
clear that the respondent no. 9 herein belonged to
Backward Category at the time of filing of the application
in the year 2018 and the same was deliberately and
knowingly shown as one under Un-reserved Male
Patna High Court L.P.A No.406 of 2024 dt.05-02-2025
Category, perhaps at the instance of the employment
unit. The State Teachers Appellate Authority also
examined the report submitted by BEO, Birpur, Begusarai,
which was in tabular form regarding the entries made in
the application form of the appellant and the respondent
no. 9.
12. Thus, the State Teachers Appellate Authority
was of the view that in the three registers produced and
perused, in two of them, the respondent no. 9 was shown
as a person from Backward Category whereas in one of
the registers, he was shown as a person of Un-reserved
Category. It was also brought to the notice of the State
Appellate Authority that the then Panchayat Secretary of
the said Gram Panchayat had faced criminal prosecution
for his culpable acts committed during the process of
selection while he was in office. It was thus conclusively
held that respondent no. 9 was the most suitable
candidate to be appointed as Panchayat Teacher and only
because he was wrongly shown as a person from Un-
reserved Category, the appellant got a chance to be
appointed.
13. This being the factual situation, we do not
wish to interfere with the judgment passed by the learned
Single Judge affirming the order passed by the State
Teachers Appellate Authority.
Patna High Court L.P.A No.406 of 2024 dt.05-02-2025
14. Nonetheless, we must make it clear that
nothing appeared on record which would indicate that the
appellant was selected as the Panchayat Teacher because
of any collusion on his part and that he gained the
experience of teaching at Panchayat level for about 14
years, which might, in case required, enure in his favour.
15. Thus, dismissing this appeal, we direct the
respondent/employment unit to appoint respondent no. 9
in place of the appellant forthwith and not later than 15
days from the production of a copy of this order before
the employment unit.
16. We also make it clear that for the period that
the appellant had worked, he ought to be paid his salary,
unless otherwise his entitlement is questioned.
17. The appeal stands disposed of accordingly.
18. Interlocutory application(s), if any, shall also
stand disposed of.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sujit/Krishna
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2025
Transmission Date
