Kumar Rishikesh Son of late Mohan Chourdhary vs The State of Bihar

Heard learned counsel for the appellant and learned

counsel for the State.

Appointment of the appellant on the post of a Block

Teacher was annulled by the Block Development Officer on the

ground that his name did not even figure in the list of candidates

short-listed for Untrained Category. Despite that, the employment

authority appointed him by ignoring the claim of a better candidate

with higher percentage of marks.

This finding has been upheld even by the District Teachers

Employment Appellate Authority and, therefore, a Writ Application

was filed.

The learned single Judge, after taking into consideration

the submissions made, had dismissed the Writ Application vide order

dated 21.10.2013 by concluding as under:-

"As would be noted, the petitioner did not assail the order of his removal from service passed by the B.D.O. on 19.5.2007 for a period over three years and even when he did so in 2010 by filing his aforesaid writ petition, he had withdrawn the same without taking into account that none much less the Tribunal had any jurisdiction to set aside the earlier order of the B.D.O. who was in fact the prescribed authority under Rule 18 of the 2006 Rules till 25.8.2008.

Apart from that, it is not in dispute that the appointment of the petitioner was also made by ignoring a better candidate like Sujit Kumar who had much higher marks and thus, the order of the B.D.O. removing the petitioner from service on 19.5.2007 cannot be faulted either on fact or in law."

The reasons given for dismissal of the Writ Application

are cogent and valid as reflected in the earlier part of the order.

It that be so, there is no occasion for this Court to interfere

with the order of the Writ Court as no rectification is required by this appeal.

Appeal is dismissed.