IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15910 of 2009 BIBHUTI PRASAD SINGH, Son of Sri Shiv Narayan Singh, resident of village-Kushmi, P.S.-Chandadih, P.S.-Dhoraiya, District-Banka. …………Petitioner. Versus 1. The State of Bihar. 2. District Magistrate, Banka. 3. District Superintendent of Education, Banka. 4. Block Development Officer, Banka, District-Banka. 5. Block Education Extension Officer, Banka Block, District-Banka. 6. The Mukhiya, Kolhasar Gram Panchayat, Block Banka, District-Banka. 7. Panchayat Secretary, Kolhasar Gram Panchayat, Block Banka, District- Banka. 8. District Teacher Selection Appellate Tribunal, Banka. ……………Respondents. ----------- 2/ 05.03.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 10.09.2009 passed by the District Teachers Selection Appellate Tribunal, Banka, whereby petitioner’s objection regarding selection of other candidates having lesser marks than the petitioner, has been rejected. On perusal of the impugned order, it transpires that the petitioner did not participate in the counselling on 27.01.2009 i.e. the date when counselling was held. In para 5 of the writ application, there is specific averment that Panchayat Secretary, vide Letter No. 50 dated 02.01.2009, had informed the petitioner regarding the date of counselling on 27.01.2009. Despite this fact, if the petitioner did not participate in the counselling, he cannot claim any appointment even though he has higher marks than the persons appointed. - 2 - I do not find any error in the impugned order. Accordingly, this application is dismissed. Sanjeet/ (Mridula Mishra, J.)