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2019 DIGILAW 1223 (JHR)

Rajesh Kumar, son of Shri Pitambar Sahu v. State of Jharkhand

2019-07-01

SANJAY KUMAR DWIVEDI

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JUDGMENT : Sanjay Kumar Dwivedi, J. 1. Heard Mr. Agfaque Ahmad, learned counsel for the petitioner and Mr. Brij Bihari Sinha, learned G.A.-II. For the State and Mr. Krishna Murari, learned counsel appearing for the J.E.P.C. 2. The present writ petition has been preferred by the writ petitioner for quashing the proceeding dated 16.12.2007 and 17.07.2009 whereby a decision has been taken by the Block Education Committee to grant approval of respondent nos. 7, 8 & 9 for the post of Para Teacher in Upgraded Middle School, Tiro, P.O.-Pakhuria, P.S.-Jaridih, District-Bokaro. The petitioner has filed supplementary counter-affidavit in which it is stated that in its proceeding dated 29.03.2012 the name of the petitioner was approved for the post of Para-Teacher pursuant thereto he is working on that post. In view of the fair submissions of learned counsel for the petitioner that the petitioner has already been appointed as para teacher and nothing remains in this writ petition. 3. Learned counsel for the petitioner further submits that the petitioner has been illegally not appointed in the year 2007 on the false allegation of disturbing Government servants in their work, this factual aspect cannot be entertained by this Court under article 226 of the Constitution of India. Further, since the petitioner has already been appointed in the year 2012 on the same post nothing remains to be decided in this writ petition. 4. In view of the above, the writ petition stands dismissed.