IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1060 of 2011 In Civil Writ Jurisdiction Case No. 8415 of 2011 With Interlocutory Application No. 4884 of 2011 In Letters Patent Appeal No.1060 of 2011 ====================================================== 1. Satyanarayan Kumar Gupta son of Rajendra Prasad Gupta, resident of Village Dhigopatti, P.O. Bandhauli, P.S. Jale, Dist. Darbhanga .... .... Appellant/s Versus 1. The State of Bihar through its Commissioner Cum Secretary, Patna 2. D.M. Darbhanga 3. District Teacher Appointment Appellate Authority, Darbhanga through its Member 4. Block Development Officer, Jale, Darbhanga 5. Panchayat Secretary, Gram Panchayat Raj Murarita Jale, Dist. Darbhanga. 6. Umesh Kumar son of Deoki Bhagat, resident of Village + P.O. Manikauli, P.S. Singhwara, Dist. Darbhanga. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Md. Shahnawaz Ali with Miss Avnita, Advocates. For the Respondent No.5: Mr. Ram Bali Jhad, Advocate. For the Respondent No. 6: M/S Nadim Seraj and Iqbal Asif Niani, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 29-09-2011 Feeling aggrieved by the judgment and order dated 13th May 2011 passed by the learned single Judge in above C.W.J.C. No. 8415 of 2011 the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The subject matter of challenge is the order dated 13th April 2011 made by the District Teachers Appointment Appellate Patna High Court LPA No.1060 of 2011 (4) dt.29-09-2011 2 Authority, Laheriasarai, Darbhanga in Objection Case No. 66 of 2010 filed by the respondent no. 6. Evidently, though the challenge was to the appointment of the present appellant, he was not made a party to the said Objection case. The said Objection Case was decided against the present appellant ex-parte. To us it appears that the respondent no. 6 had deliberately obtained ex-parte order against the present appellant. The order could not have been sustained although the respondent no. 6 may have higher marks. For the aforesaid reason the Appeal is allowed. Impugned order dated 13th May 2011 made by the learned single Judge in above C.W.J.C. No. 8415 of 2011 is set aside. C.W.J.C. No. 8415 pf 2011 is allowed. The judgment and order dated 13th April 2011 passed by the District Teachers Appointment Appellate Authority, Laheriasarai, Darbhanga in Objection Case No. 66 of 2010 is quashed and set aside. The Objection Case No. 66 of 2010 is remitted to the authority below for consideration afresh after impleading the present appellant as party respondent and after giving him notice of hearing. The parties will bear their own cost. Interlocutory Application stands disposed of. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)