IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14252 of 2009 1. Nutan Sinha wife of Sri Ashok Kumar Mandal, resident of Village Gertikar, P.O. Bhitia, P.S. Fulli Dumar, District Banka (Bihar) 2. Shila Kumari, Daughter of Sri Hari Kisun Sah, resident of Village & p>o> Bhitia, P.S. Fulli Dumar, District Banka (Bihar)………………………………………………………..Petitioners Versus 1. The State Of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Primary Education, Government of Bihar, Patna 4. The District Magistrate, Banka (Bihar) 5. The District Superintendent of Education, Banka (Bihar) 6. The District Teacher Employment Appellate Authority, Banka (Bihar) through its Office Secretary. 7. The Office Secretary, District Teacher Employment Appellate Authority, Banka(Bihar) 8. The Block Development Officer, Fulli Dumar, District Banka (Bihar) 9. The Block Education Extension Officer, Fulli Dumar, District Banka (Bihar) 10. The Mukhiya, Gram Panchayat Raj, Bhitia, Block Fulli Dumar, District Banka (Bihar) 11. The Panchayat Secretary, Gram Panchayat Raj, Bhitia, Block Fulli Dumar, District Banka (Bihar) 12. Manoranjan Kumar, S/o Yogendra Mandal, resident of Village at P.O. Geratikar, P.O. & P.S. Bhtia, District Banka. 13. Madhavi Devi W/o Shambhu Sah, resident of village at P.O. Bhitea, District Banka. 14. Ram Padarath Singh, S/o not known, to the petitioners, resident of Village & P.O. Bhitia, District Banka 15. Vijay Kumar Rai S/o not known, resident of village Kharaua , P.O. & P.S. Bhitia, District Banka. 16. Gautam Kumar S/o not known to the petitioners, resident of village Geratikar, P.O. Bhilia, District Banka……………Respondents --------- For the Petitioners: Mr. S.P. Mukherjee, Sr. Advocate with Mr. Shanti Pratap, Advocate 2 For the State : Mr. Shiv Kumar, A.C. to G.A. No.8 For Respondent Nos.13 & 14 : M/s Prem Kr. Jha, Sanjay Kr. Jha & Rajesh Kr. Jha, Advocates 3 28.10.2010 Heard learned counsel for the petitioners as well as learned counsel for the State. From the impugned order of the Appellate Authority dated 12.01.2009 as contained in Annexure-1, it is apparent that candidates, who were appointed in the process of appointment, were not noticed. The Appellate Authority has heard the complainant and has examined the reports and records and has come to the conclusion that process of appointment, held by the employment agency of Bhitia Gram Panchayat, was irregular and illegal, and therefore, cancelled the entire process. Directions have been issued for holding fresh counselling and preparation of fresh select list. True, it is that the Appellate Authority has examined the reports and records and on that basis it has come to that conclusion, but the fact remains that the persons who were appointed and to whom right had accrued, were not noticed and were not 3 given opportunity to be heard before the order was passed by which adverse consequences followed to them. In the circumstances, this Court gives liberty to the petitioners to file an application before the Appellate Authority for reconsideration of their cases. If the petitioners make out a case for re-examination of the matter the Appellate Authority shall recall its earlier order, re-hear the matter, and after issuing notice to all concerned parties, shall come to a final decision afresh in accordance with law. In case the Appellate Authority does not find any merit in the application of the petitioners or if it does not even make out a case for reopening the matter, petitioners will appear in the re-counselling. In case they are selected again and appointed, they shall be entitled to continuity of their services from the first appointment. By order dated 28.01.2010, operation of the said order of the Appellate Authority was stayed. Learned senior counsel for the petitioners also submits that by virtue of the interim order, petitioners continued in 4 services. In that view of the matter, if the petitioners file their applications before the Appellate Authority within two weeks from today, the said interim order passed by this Court shall continue till fresh orders are passed by the Appellate Authority in the matter. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)