IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17256 of 2009 1. SURESH PRASAD YADAV S/O LATE UTTAM LAL YADAV R/O VILL MASURIYA, P.O.BANAILI, P.S.K. NAGAR, DISTT-PURNEA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE PURNEA, DISTT- PURNEA 3. THE DISTRICT APPOINTMENT APPELLATE AUTHORITY PURNEA 4. THE DISTRICT SUPRINTENDENT OF EDUCATION PURNEA, DISTT- PURNEA 5. THE BLOCK DEVELOPMENT OFFICER K. NAGAR, PURNEA, DISTT-PURNEA 6. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KOHBARA, PURNEA, DISTT-PURNEA 7. RANJAN KUMAR RANJAN S/O RAJENDRA PRASAD YADAV R/O VILL JAI KISHAN PUR P.S. K. NAGAR DISTT-PURNEA ----------- 02/ 02.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order contained in Memo No. 1157 dated 6.11.2009 passed by the Member, District Teachers Employment Appellate Tribunal, Purnea. By the impugned order the appeal preferred by Ranjan Kumar Ranjan, challenging the appointment of the petitioner, has been allowed. The appellate forum has cancelled the appointment of the petitioner with immediate effect and a direction has been issued to the Appointment Committee to appoint Ranjan Kumar Ranjan following the procedure in place of the petitioner. Further grievance of the petitioner is that Appellate Tribunal could not have directed for appointment, rather a direction should have been issued for consideration of the case of appellant Ranjan Kumar - 2 - Ranjan. The Appellate Tribunal has discussed and decided the merit of the case finding that merit list was not properly considered by the Appointment Committee. In case the merit list would have been properly considered in place of petitioner, appellant Ranjan Kumar Ranjan was entitled for being appointed. I do not find any illegality/ irregularity in the impugned order as the direction of the Tribunal is only for consideration. This writ application is dismissed. DKS/ (Mridula Mishra, J.)