IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8267 of 2010 RITA KUMARI W/O SHREE MADAN PRASAD SINGH, D/O SHREE RAMDEO SINGH R/O VILL & P.O. MADHURAPUR TARA, P.S.KALYANPUR, DISTT-SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE MEMBER , DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY SAMASTIPUR 3. THE DISTRICT MAGISTRATE-CUM-COLLECTOR SAMASTIPUR 4. THE DISTRICT EDUCATION OFFICER SAMASTIPUR 5. THE BLOCK EDUCATION EXTENSION OFFICER KALYANPUR, DISTT-SAMASTIPUR 6. THE BLOCK DEVELOPMENT OFFICER-CUM-APPELLATE AUTHORITY, PANCHAYAT TEACHERS EMPLOYMENT2006 KALYANPUR BLOCK, DISTT-SAMASTIPUR 7. THE MUKHIYA-CUM-CHAIRMAN, PANCHAYAT TEACHERS SELECTION COMMITTEE MADHURAPUR TARA PANCHAYAT, KALYANPUR BLOCK, DISTT-SAMASTIPUR 8. THE PANCHAYAT SEWAK-CUM-SECRETARY, PANCHAYAT TEACHERS SELECTION COMMITTEE MADHURAPUR TARA PANCHAYAT , KALYANPUR BLOCK, DISTT-SAMASTIPUR 9. KANCHAN KUMARI W/O SHIVENDRA KUMAR, D/O SHREE RAJA RAM MAHTO R/O VILL SOMNAHA, P.O.& P.S.CHAKMEHSI, DISTT-SAMASTIPUR ----------- 02. 3.2.2011 Having heard learned counsel for the parties and perused the impugned order contained in Annexure-10 dated 26.11.2009 passed by the District Teachers Employment Appellate Authority, Samastipur, the order is quashed. The matter is remitted back to the appellate authority to hear the petitioner on merit and decide the case after due verification of records because there is material to show that the petitioner had made a grievance or filed application against her non-selection before the Block Development Officer in the year 2007. However, on that technicality that there was nothing pending or referred to the appellate authority, appeal was dismissed. 2 It goes without saying that the appellate authority will hear both the petitioner and the private respondent No.9 Kanchan Kumari besides other officials before adjudicating the matter afresh. The writ application is allowed with a direction as above. rkp ( Ajay Kumar Tripathi, J.)