IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1089 of 2011 Md.Abrar Ali son of Md. Noor Alam, Resident of Village Sheikhpura, P.S.Balia Belone, District Katihar. Petitioner. Versus 1. The State Of Bihar 2. The Secretary, Human Resources Development Department, Bihar, Patna 3. The District Magistrate, Buxar 4. The Member, Appellate Tribunal, Teachers Appointment, Buxar, 5. The district Superintendent of Education, Buxar 6. The Block Development Officer, Simri, Buxar, 7. The Circle Inspector, Simri, Buxar (Incharge Supervisor), 8. The Chairman, Selection Committee of Panchayat Teacher, Gram Panchayat Kharhatanrh, Block Simri, District- Buxar 9. The Mukhiya, Gram Panchayat Kharhatanrh, Block Simri, district- Buxar, 10.The Panchayat Sachiv, Gram Panchayat Kharhatanrh, Block Simri, Buxar 11.Tarkeshwar Yadav son of Ram Bali Yadav, Resident of village and P.O. Dumri, District Buxar. Respondentss. For the petitioner : Mr. Md. Rahmaullah, Advocate For the State : Mr. Ashok Kumar Keshri, AAG-11 For respondent no.9 : Mr. P.K.Jha, Advocate For respondent no.11 : Mr. Shailendra Kumar Choubey, Advocate. ---------------------------------- 5. 5.12.2011. Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and respondent nos.9 and 11. The petitioner has assailed the order dated 13.12.2010 passed in Appeal No.190 of 2010 by the District Teachers Employment Appellate Authority, Buxar by which the appeal filed by the petitioner has been rejected on the ground that it is barred by limitation. 2 Learned counsel for the petitioner submits that there is no provision under the Bihar Panchayat Primary Teachers (Appointment & Service Condition) Rules, 2006 fixing a time limit for filing an appeal before the Appellate Authority. Even on the merits of the matter, it is submitted that the fact is that the appointment letter has been issued on 14.8.2010 whereas the petitioner had filed his appeal on 22.7.2010 and for the said reasons, it can not be said that there was any delay in filing the appeal. Learned counsels for the respondents admit that the provision under the aforesaid Rules is very clear and does not provide for any limitation for filing of the appeal. In the aforesaid circumstances, this Court is of the view that the order dated 13.12.2010 of the Appellate Authority rejecting the appeal of the petitioner is fit to be set aside. Accordingly it is set aside. The writ application is thus allowed and the matter is remanded to the Appellate Authority for fresh hearing in accordance with law. ahk (Ramesh Kumar Datta, J.)