IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4115 of 2009 Dev Narayan Singh, son of Late Mahavir Prasad Singh, resident of village Aambari, P.S. Tedagachh, District- Kishanganj ……….. Petitioner Versus 1.The State Of Bihar 2.The Secretary-cum-Commissioner, Human Resources Development Department, Government of Bihar, patna 3.The Director, Primary Education, Government of Bihar, Patna 4.The District Magistrate, Kishanganj 5.The District Superintendent, Kishanganj 6.The Block Development Officer-cum-Appellate Officer, Panchayat (Primary Teacher Niyojan) Tedagachhi, District- Kishanganj 7.The Block Education Extension Officer, Kishanganj 8.The Panchayat Secretary, Panchayat Raj, Chilhaniya Panchayat, P.S. Tedgachhi, District- Kishanganj 9.The Chairman-cum-Mukhiya of Chilhania Gram Panchayat-cum-President of Employment Selection Unit of Chilhania Gram Panchayat Tedhagachhi, District- Kishanganj 10.The Head Master, Primary School, Suchiyahat Block Tedagachh, District- Kishanganj. ----------- 2. 08/10/2010 Petitioner has filed this writ application challenging the order of the Appellate Authority dated 12.11.2007 passed in Case No.1 of 1007-08, by which appointment of the petitioner as well as two other Panchayat Shikshaks has been cancelled on the ground that they were wrongly appointed under EBC quota when other persons, namely, complainants with higher marks were available for appointment. He has also challenged the consequential order of Panchayat Secretary, 2 contained in Annexure-1, cancelling his appointment. Learned counsel for the petitioner submits that the petitioner was not appointed under EBC quota, rather, he was appointed under quota for disabled persons. He also submits that before cancellation of his appointment, neither any notice was issued nor any opportunity was given to him by the Appellate Authority. After going through the order of the Appellate Authority dated 12.11.2007, as contained in Annexure-5, this Court finds the submission of learned counsel for the petitioner as correct. The order does not show that at any point of time petitioner was ever noticed or was given any opportunity of hearing. Therefore, on the sole ground of violation of Principles of Natural Justice, the impugned order of Appellate Authority, so far as petitioner is concerned, is quashed. The order of the Panchayat Secretary cancelling the appointment of the petitioner is also quashed. From Annexure-8, it appears that the 3 petitioner has already filed an application before the Appellate Authority on 25.2.2009 for recall of the order. The Appellate Authority will therefore take up the said application filed by the petitioner and shall examine the records and pass appropriate orders in accordance with law after hearing the parties. The writ application is accordingly disposed of. Pradeep/ ( J. N. Singh,J.)