IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3459 of 2009 Riti Kumari, wife of Shri Kanhaiya Pathak, resident of village Manikopatti, Post Harhachcha, P.S. & Prakhand Baheri, District- Darbhanga. ..Petitioner Versus 1. The State of Bihar. 2. District Magistrate, Darbhanga. 3. Prakhand Vikas Padadhikari, Baheri, District- Darbhanga. 4. Mukhiya, Gram Panchayat Raj Harhachcha, Post Harhachcha, District- Darbhanga. 5. Secretary, Gram Panchayat Raj Harhachcha, Post Harhachcha, District- Darbhanga. 6. Bandana Kumari, D/o Narendra Prasad Singh, resident of Asharfi Mahaset, Colony No.2, Bangali Tola, Laheriasarai, District- Darbhanga. ..Respondents For the Petitioner: M/s. Shrinandan Prasad Singh and Manoj Kr. No.1, Advocates. For the State: M/s.Mankeshwar Jiwan, AC to AAG-5 & P.K. Verma, AAG-5. For the Respondent Nos. 4 & 5 : M/s. Alok Kr. Sinha No.1 and Ram Naresh Roy, Advocates. For the Respondent No.6: Mr. Ram Bali Jha, Advocate. ----------- 07 18.10.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State as well as the private Respondent No.6- Bandana Kumari. Respondent Nos. 4 & 5 entered appearance but no counter affidavit has been filed. Petitioner has filed this application for a direction to the Respondent to consider her case for appointment on the postof Assistant Untrained Teacher in Elementary School, Manikopatti after publishing a fresh merit list in accordance with law and to cancel the appointment of Respondent No.6. Facts revealed in the writ application, as well as from counter affidavit on behalf of the Respondent No.6, is that in response to advertisement, petitioner had applied for the post of Assistant Teacher in Untrained General category. Applications were filed 2 by the candidates in the year 2006. Petitioner’s name was also in the panel but when the final selection list was published, she was not appointed. Petitioner’s allegation is that candidates’ having lesser marks than the petitioner, got appointed and the reason behind this is that her application was torn and she was not allowed to participate in the counselling. The selection process which had started in the year 2006, completed in the year 2006 itself. No objection was filed by the petitioner immediately. Subsequently, her brother Indradeo Pathak filed a complaint petition in the year 2007. So far petitioner is concerned, she filed her objection before the Sub-Divisional Officer, Baheri vide Case No. 1A/2008-2009, the Sub-Divisional Officer conducted an ex parte enquiry and passed an order on 16th September, 2008. At the time the enquiry was conducted by the Sub- Divisional Officer and order was passed, he did not possess the appellate jurisdiction. In 2008, for exercising this jurisdiction, the District Teachers Employment Appellate Tribunal had already been constituted as an Appellate Forum. Petitioner, thereafter, has filed this writ application. During the pendency of the writ application, the matter was remitted back to the Tribunal for passing a reasoned order, giving opportunity to the petitioner, the Respondent No.6 and Mukhiya as well as Panchayat Secretary and submit order passed in Appeal before this Court. The order passed by the Tribunal dated 30.09.2011 is on the record, from which, it transpires that 3 the allegation made by the petitioner regarding not allowing to participate in the counseling and throwing her application is incorrect. Tribunal’s findings is that petitioner resides at some other places and that was the reason, that she could not participate in counselling on the date fixed. On the same date at different Gram Panchayat counselling was held, but the petitioner who had applied at other places also did not participate at any place in the counselling. It also transpires that delayed complaint was filed by the petitioner before Forum which had jurisdiction. Considering the findings recorded by the Tribunal and the facts indicating that allegations made by the petitioner are not correct, I do not find any merit in the application and hence it is dismissed. Md. Ibrarul (Mridula Mishra, J.)