- (1.) For two vacancies of Panchayat Teacher in Ameya Gram Panchayat of Gopalganj, in 2008 an advertisement, as provided in the Rule was issued--one post was reserved for backward category and the other was earmarked for woman. In the counseling that took place some time in the year 2001, Smt. Archana Kumari, who is not a party here, was selected and appointed as Panchayat Teacher. The appellant herein approached the District Teachers Employment Appellate Authority, Gopalganj, 7th Respondent, challenging the appointment of Archana Kumari. The appeal was allowed on 9.11.2012. Thereafter, in implementation of the order of the Appellate Authority, the Gram Panchayat appointed the appellant here as Panchayat Teacher. Husntara, the 8th respondent, Mukhiya of the Village filed CWJC No. 2209 of 2013 challenging the order of the Tribunal dated 9.11.2012. She pleaded that the Panchayat Secretary i.e. 6th respondent created forged and fabricated document, and that resulted irregularities in appointment. Through order dated 7th April, 2014, the learned Single Judge set aside the order of the Tribunal and the matter was remanded for fresh consideration. Hence this appeal.
(2.) Heard Sri Rajeev Kumar Singh, learned counsel for the appellant, Sri Kundan Bahadur Singh, learned counsel for the State and Dr. Mayanand Jha, learned counsel for the respondents.
(3.) The appellant herein was one of the candidates for the post of Panchayat Teacher, along with Archana Kumari. It is pleaded that though 28th February, 2009 was fixed for counseling earlier, nothing took place on that date, and thereafter, no communication whatsoever was issued to any candidate for counseling. Appellant pleaded that she secured 70.33% marks and ignoring her merit, Archana Kumari who secured 69.6% marks, was selected and appointed. The appellant availed the remedy of appeal before 7th respondent. After issuing notice to the concerned parties, the 7th respondent allowed the appeal.;