IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17866 of 2010 1. SYED IBRAR S/O SYED SANAULLAH R/O VILL.- CHHOTA SHEIKHPURA, P.S.- NARHAT, DISTT.- NAWADAH 2. NUTAN KUMARI D/O UPENDRA PRASAD SINGH R/O VILL.- JHIKARUA, P.O.- HISUA, P.S. AND BLOCK-NARHAT, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT TEACHERS SELECTION APPELLATE TRIBUNAL, NAWADAH 3. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA 5. THE DISTRICT MAGISTRATE, NAWADAH 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH 7. THE BLOCK DEVELOPMENT OFFICER, NARHAT, DISTT.- NAWADAH 8. THE BLOCK EDUCATION OFFICER, NARHAT, DISTT.- NAWADAH 9. THE MUKHIYA, GRAM PANCHAYAT RAJ, SHEIKHPURA BLOCK- NARHAT, DISTT.- SHEIKHPURA 10. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, SHEIKHPURA, BLOCK- NARHAT, DISTT.- NAWADAH with CWJC No.18009 of 2008 1. KUNDAN KUMAR KASHYAP son of Dinesh Singh, resident of Village – Gikarau, Post office – Hisua, Police Station – Narhat, District-Nawada. 2. Poonam Kumari, daughter of Hari Kishore Sah, resident of Village- Hisua Teli Tola, Post Office-Hisua, Police station – Hisua, District- Nawada. 3. Kumkum Kumari, daughter of Ravindra Prasad Singh, resident of Village – Ursha, Post Office-Hisua, Police Station – Hisua, District-Nawada. 4. Anju Kumari, wife of Dharmendra Kumar, resident of Village – Baraun, Post Office-Kadhar, Police Station + District – Nawada. 5. Jitendra Kumar, son of Ramdeo Singh, resident of Village- Bharati, Post Office – Wajirganj, Police Station – Wajirganj, District-Gaya. 6. Sohail Ahmed, son of Sultan Ahmed, resident of Chota Sheikhpura, Post Office-Sheikhpura, Police Station – Narhat, Block- Narhat, District-Nawada. 7. Sampurnanand, Son of Shri Muni Lal, resident of Village – Teli Tola, Post Office – Hisua, Police Station- Hisua, Block-Hisua, District-Nawada. 2 8. Kumari Renu Bharti, wife of Mahendra Choudhary, resident of Bharati, Post Office- Wajirganj, Police Station – Wajirganj, District-Gaya. 9. Tabasum Pravin, wife of Abdul Rashid, resident of Village-Chotta Sheikhpura, Post Office-Sheikhpura, Police Station-Narhat, Block- Narhat, District-Nawada. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The District Magistrate, Nawada. 3. The Deputy Development Commissioner, District-Nawada. 4. The Block Development Officer, Block-Narhat, District-Nawada. 5. The Block Education Extension Officer, Block – Narhat, District- Nawada. ----------- 02. 17.05.2011 Heard learned counsel for the petitioners in both the writ applications. Either there is a miscommunication or a mischief played at some level which led to issuance of an order by the District Magistrate, Nawada and passing of an order dated 17.11.2008, which became a subject matter of challenge in CWJC No. 18009 of 2008. Obviously the Court decided to stay Annexure-9 and allow the petitioners of the writ application to continue in view of the fact that there were no orders as such, which related to the persons in dispute with the petitioners especially in CWJC No. 3228 of 2007 or CWJC No. 3229 of 2008. Some light has been shed when the other writ application came to be listed along with CWJC No. 18009 of 2008. This writ is CWJC No. 17866 of 2010. The petitioners of this writ application were earlier relegated to the Appellate Tribunal for adjudication of the dispute by virtue of two orders 3 passed by the High Court in CWJC Nos.191 of 2008 and 193 of 2008. But because of the pendency of CWJC No.18009 of 2008 and the interim orders passed therein, the Tribunal at Nawada refused to proceed with the case of the petitioners namely, Syed Ibrar and Nutan Kumari, the two petitioners. In the interest of things either both the writ applications can be disposed of simultaneously with a direction upon the Appellate Tribunal, Nawada to proceed with the case filed by Syed Ibrar as well as Nutan Kumari by ensuring that the petitioners of CWJC No.18009 of 2008 namely, Kundan Kumar Kashyap and others are also impleaded as party and heard on the dispute with regard to the right of appointment being claimed by Syed Ibrar and Nutan Kumari. The Court also gives liberty to the petitioners of other writ application that if they want to bring independent case with their own cause of action on the question of appointment which is subject matter of challenge in the other writ filed by Syed Ibrar and Nutan Kumari, then they may do so but since the basic disputes are inter party between the petitioners of the two writ applications, therefore, it will be better if the matter is heard and adjudicated by the Appellate Authority now. Both the writ applications stand disposed of with a direction that status quo as of today will be maintained till the 4 adjudication is made by the Appellate Authority. The earlier orders passed merge or stand modified in the order passed today. It has been brought to the notice of the Court that there is yet another CWJC No. 11853 of 2007, which is pending with some kind of interim order. For all practical purposes it seems, that writ application has become infructuous but it is left to the parties including the petitioners of CWJC No. 17866 of 2010 to bring this fact to the notice of the concerned Bench so that any confusion on this issue is also set to rest and the disputes between the parties are directed to be resolved at the level of the appellate authority. rkp ( Ajay Kumar Tripathi, J.)