Patna High Court States That The Respondent Has The Better Right Of Being Appointed As The Librarian.
TITLE -Sunit Singh vs The state of Bihar &ors
DECIDED ON-4/12/2023
+CWJC No.1852/2019
CORAM-HON’BLE JUSTICE MR.ANIL KUMAR SINHA
INTRODUCTION
As the present writ application is for the challenging the petitioner removal from the post of librarian in High School,Dalmaiangar,Dehri-on-sone issued by the Nagar Parishad,Dehri Dalmaiangar were Hon’ble court do not find any infirmity in the impugned order.
FACTS
As per the facts on 30/11/2007 an advertisement was published in the daily newspaper for the appointment on the post of Librarian in different High school in the Nagar Parishad Dehri Dalmaiangar were five vacancies were available in which three post were allotted to Generale Category,One post for extremely Backward classes and One for scheduled caste category as the petitioner, respondent no 7 and several others applied.On 13/07/2015 there was process of selection and after completion of process appointment letter was accordingly issued to the petitioner and on 27/08/2015 and the petitioner was informed that her appointment was cancelled due to clerical mistakes for which petitioner filed an appeal before District Appellate Authority Rohtas sasaram which was allowed on 28/10/2016 and order of cancellation was set aside and direction was given to reinstate her back on the post and on which the Respondent no.7 challenged the appointment made by yeh Employment Unit before the District appellant authority in which petitioner was made opposite party no 2 and for which the said appeal was allowed and directed to appoint respondent no. 7 for the post .The objection of the petitioner is that appeal filed by the respondent no. 7 is time barred was rejected by the District Appellate Authority arrives at conclusion that the respondents no 7 had participated in the councelling held on the selection.
THE COURT ANALYSIS AND DECISION
As per the Honorable court took material available in record only two post of librarian under Extremely Backward class category and scheduled castes categories vacant for which direction issued for the appointment if respondent no.7 or petitioner do not fall under those categories as petitioner secured less marks than respondent no.7 who is a General category and petitioner has to give way for appointment of respondent no.7 for the post and respondent no.7 has better right of being appointed therefore court do not find any infirmity in the impugned order the application accordingly dismissed.
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