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Patna High Court

Om Prakash PathakversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the petitioner was not qualified for the post and the concurrent appellate findings render the relief legally untenable.

Summary

The petitioner, Om Prakash Pathak, filed a writ petition challenging his appointment as Panchayat Teacher, alleging that the original application form was not produced and that costs were awarded against the Block Education Extension Officer. The State contended that the petitioner lacked the mandatory qualification of a trained teacher's certificate at the time of appointment, and that the appointment had been consistently challenged before the District and State Appellate Authorities, which recorded concurrent findings against him. The petitioner could not produce the application form, which was unavailable after 21 years, and admitted the lack of requisite qualification. The Court held that, given the admission of ineligibility and the existing adverse findings, the relief sought was not maintainable. Consequently, the petition was dismissed.

Issues considered

  • What is the legal effect of the absence of the original application form on the validity of the appointment?
  • Did the petitioner possess the requisite qualification of a trained teacher at the time of appointment?
  • Are the concurrent findings of the District and State Appellate Authorities sufficient to bar the petitioner's relief?

Subjects

  • appointment
  • qualification
  • Panchayat Teacher
  • writ jurisdiction
  • administrative law
  • eligibility
  • appellate authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6445 of 2021
                  ======================================================
                  Om Prakash Pathak S/o - Sri Bhola Pathak R/o Village - Sohanariya, P.S. -
                  Kateya, District- Gopalganj.

                                                                           ... ... Petitioner/s
                                                   Versus
            1.    The State of Bihar through the Principal Secretary, Education Department,
                  Govt. of Bihar, Patna.
            2.    The Deputy Development Commissioner, Gopalganj.
            3.    The Block Education Extension Officer, Panchdaori, Gopalganj.
            4.    The Block Pramukh- cum - President, Selection Committee, Panchadeori,
                  Gopalganj.
            5.    The Mukhia, Gram Panchayat Raj Majhwaliya, Gopalganj.
            6.    The Panchayat Secetary, Gram Panchayat Raj, Majhwaliya, Gopalganj.
            7.    The Head Master, Utkramit Madhya Vidhyalaya, Majhwaliya, Gopalganj.
            8.    The Member, District Teacher Appointment Appellate Authority, Gopalganj.
            9.    Vinay Shankar Dubey, Assistant Teacher Buniyadi Vidyalaya, Gopalganj.
            10. Hare Ram Tiwary S/o - not known, Prakhand Shikshak, Utkramit Madhya
                Vidyalaya, Manjhawalia (Panchadeori), P.S. - Kateya, District- Gopalganj.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Vishwajeet Kumar Mishra
                  For the Respondent/s   :      Mrs. Abhanjali, AC to GA-12
                                                Mr. Sudhanshu Kumar
                                                Mr. Umesh Kumar Mishra
                                                Mr. Sanjay Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

13   20-01-2026                    Learned counsel for the petitioner and learned

                    counsel for the respondents are present.

                                2. Learned counsel for the petitioner submits that,

                    despite best efforts, the original application form pursuant to

                    which the appointment is said to have been made has not been

                    brought on record by the authorities. Owing to such inability to
Patna High Court CWJC No.6445 of 2021(13) dt.20-01-2026
                                           2/3




          produce the said application form, costs have even been

          awarded against the Block Education Extension Officer,

          Panchdaori, by the State Appellate Authority, Patna.

                      3. On the other hand, learned counsel for the State

          submits that even if the application form pursuant to which the

          appointment is said to have been made is made available, which

          is presently not the case and is not available with the

          employment unit owing to the lapse of almost 21 years from the

          date of initial appointment, the fact remains that this petitioner

          could not have been legally appointed to the post of Panchayat

          Teacher, while the eligibility for the said post was that of a

          trained teacher, a certificate to that effect, which admittedly this

          petitioner did not possess, and the appointment, which is said to

          have been given pursuant to the order passed by the District

          Appellate Authority, along with the appointment of respondent

          no. 10, Hare Ram Tiwari, has consistently been put under

          challenge before the authorities, including the District Appellate

          Authority and the State Appellate Authority, and the order under

          challenge records a concurrent finding against this petitioner for

          which there is no plausible explanation.

                      4. Be that as it may, since the petitioner admittedly did

          not possess the requisite qualification on the date of
           Patna High Court CWJC No.6445 of 2021(13) dt.20-01-2026
                                                      3/3




                     appointment, as stated in his own pleadings, this Court is not

                     inclined to proceed further with the challenge raised. The relief

                     sought is legally not maintainable in view of the concurrent

                     findings recorded by the District Appellate Authority and the

                     State Appellate Authority.

                                 5. Accordingly, this application stands dismissed.



                                                            (Ajit Kumar, J)

shikha/-

U


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