IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5347 of 2009 SHYAMA KUMARI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner:- Mr. Skeel Bhadra, Adv. Mr. M.U.N. Pandit, Adv. ------------ 2. 27.4.2009 Heard learned counsel for the petitioner and the State. The issue relates to appointment of a teacher in the subject of music. It is the case of the petitioner that she holds a Master’s degree in music and is also a graduate in playing tabla. In preference to her, respondent no. 11 who is holding the qualification of History honours is being given preference over the petitioner when “tabla wadan” was only his additional qualification. The petitioner moved before the appellate authority who on 28.2.2009 has observed in favour of the petitioner. However, learned counsel for the petitioner fairly acknowledges that this order was passed without hearing respondent no. 11. Learned counsel for the State is right in his objection that the respondent no. 11 has to be heard before any final order could be passed /observed by the Appellate Authority. The matter is remanded back to the appellate authority to issue notice to respondent no. 11 and after hearing the petitioner and respondent no. 11, to pass a final reasoned and speaking order within the statutory period prescribed in Rule 2 of the notification creating the appellate authority to be computed from the date that the petitioner - 2 - files his application before the appellate authority. If the petitioner does not file an application before the appellate authority within a period of two weeks from the date of receipt of the certified copy, the writ petition shall be deemed to have been dismissed. This is considered necessary to prevent the petitioner from unnecessary prolonging the matter without taking any effective steps. Any appointment made on the post of music teachers in the Nagar Parishad, Siwan shall remain subject to the final orders that may be passed by the appellate authority after hearing all concerned. P. Kumar (Navin Sinha, J.)