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Patna High Court

Dharmendra Kumar RoyversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed for delay and laches, and no relief is granted.

Summary

Dharmendra Kumar Roy filed a writ petition challenging the appointment of Vinay Kumar as Panchayat Teacher in Makhar Panchayat, alleging the appointment was illegal, arbitrary, and based on a forged physically‑handicapped certificate with collusion of the Panchayat Secretary and Mukhiya. He sought a certiorari to set aside the appointment and a mandamus directing his own appointment, claiming he had better marks and qualifications. The court noted that the appointment occurred on 30‑02‑2010 and the petition was filed on 21‑08‑2017, a delay of nearly seven years, with no explanation offered. The petitioner also failed to approach the statutory remedy before the District Teachers Employment Appellate Authority. Considering the inordinate delay and lack of justification, the court dismissed the writ application on grounds of delay and laches.

Issues considered

  • Whether the petitioner can challenge the appointment of the Panchayat Teacher after a delay of nearly seven years without providing a cogent explanation.
  • Whether the petitioner should have first approached the District Teachers Employment Appellate Authority before filing the writ petition.

Subjects

  • certiorari
  • mandamus
  • appointment
  • Panchayat Teacher
  • delay
  • laches
  • administrative law
  • Bihar Panchayat Teacher Appointment Rules 2008
  • forged certificate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.12067 of 2017
                 ======================================================
                 Dharmendra Kumar Roy Son of Chandra Bhushan Roy, Resident of Village-
                 Khanwan, Police Station- Narhat, District- Nawada.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
           3.    The Director, Primary Education, Govt. of Bihar, Patna.
           4.    The District Magistrate, Nawada.
           5.    The Member District Teachers Employment Appellate Tribunal, Nawada.
           6.    The District Education Officer, Nawada.
           7.    The Block Development Officer, Akbarpur, District- Nawada.
           8.    The Block Education Officer, Akbarpur, District- Nawada.
           9.    The Mukhia, Gram Panchayat Raj, Makhar, Block- Akbarpur, District-
                 Nawada.
           10. Panchayat Sachiv, Gram Panchayat Raj, Makhar, Block- Akbarpur, District-
               Nawada.
           11. Vinay Kumar, Son of Sri Mohan Prasad, Resident of Village- Shekhbara,
               P.S.- Meskaur, District- Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Vibhuti Ranjan Sonvadra, Adv.
                 For the Respondent/s   :     Mr. S.K. Thakur, Adv.
                                              Mr. P.K. Verma, Adv.
                                              Ms. Priyam Kumari, Adv.
                 For the State          :     Mr. S.S. Tiwari, AC to AAG-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

6   09-01-2026                     Heard learned counsel for the petitioner, learned

                   counsel appearing for the respondent no. 11 and learned counsel

                   appearing for the Respondent/State.

                                 2. The petitioner in the present writ application has

                   prayed for grant of the following reliefs:-

                                                             “(i)   For    issuance    of    an
Patna High Court CWJC No.12067 of 2017(6) dt.09-01-2026
                                           2/3




                                          appropriate writ in the nature of a writ of
                                          Certiorary for setting aside the appointment
                                          of Private Respondent no. 11, who has been
                                          appointed on the post of Panchayat Teacher
                                          in Makhar Panchayat in Akbarpur Block in
                                          Nawada District in 2nd Phase of Bihar
                                          Panchayat Teacher appointment Rules, 2008
                                          as his appointment is illegal and arbitrary
                                          and the same was done with the collusion of
                                          Panchayat Secretary as well as Mukhiya of
                                          the said Panchayat on the basis of the forged
                                          physically handicapped certificate of the
                                          private Respondent no. 11.
                                                          (ii) For issuance of a writ in the
                                          nature of Mandamus commanding and
                                          directing upon the respondents concerned to
                                          appoint the petitioner on the post of
                                          Panchayat Teacher in Makhar Panchayat in
                                          Akbarpur Block in the District of Nawada,
                                          as the petitioner was not appointed inspite of
                                          having better marks and qualification than
                                          the private Respondent no. 11.
                                                          (iii) Any other relief or reliefs for
                                          which the petitioner is found entitled to in
                                          the facts and circumstances of the case.”



                      3. From the careful perusal of the averments made in

          the writ application as well as of the averments made in various

          other affidavits filed by the respondents parties, the admitted

          position which emerges is that the petitioner is challenging the

          appointment of respondent no. 11 as Panchayat Teacher, which
          Patna High Court CWJC No.12067 of 2017(6) dt.09-01-2026
                                                     3/3




                    was made on 30.02.2010. This writ application has been filed on

                    21.08.2017, after nearly seven years of the appointment of

                    respondent no. 11.

                                4. The question that emerges for consideration is

                    whether the petitioner can be allowed to challenge the

                    appointment after nearly seven years without offering any

                    cogent explanation for the delay in approaching this Court.

                                5. From the careful perusal of the pleadings contained

                    in the writ petition, I do not find that the petitioner has

                    explained the delay. Another aspect which cannot be lost sight

                    off is that the petitioner not only approached this Court

                    belatedly, but also without availing the statutory alternative

                    remedy of filing a case before the District Teachers Employment

                    Appellate Authority, Nawada.

                                6. Under the aforesaid facts and circumstances, I am

                    not inclined to entertain this writ application, which has been

                    filed after inordinate delay without any cogent explanation and

                    hence, the writ application is dismissed for delay and laches.



                                            (Alok Kumar Sinha, J)
pravinkumar/-

U


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