IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10518 of 2009 RADHE SHYAM PASWAN Versus THE STATE OF BIHAR & ORS ----------- 2 6.10.2009 Heard counsel for the petitioner and the Counsel appearing for the State. Petitioner has prayed for quashing the order dated 7.7.2009 passed by the Panchayat Teacher’s Employment Appellate Tribunal, Saran at Chapra, whereby the appeal preferred by the petitioner has been dismissed on the point of limitation without considering the appeal on merit. Petitioner had preferred an appeal as despite his higher percentage of marks than other scheduled caste candidates he was not appointed as Panchayat Teacher and the persons having lessor marks were appointed as Panchayat Teacher in Chakiya Block-Panapur in the district of Saran. The impugned order contained in Annexure-15 dated 7.7.2009 passed by the Panchayat Teacher’s Employment Appellate Tribunal, Saran is quashed. The delay in filing the appeal before the Appellate Tribunal is condoned. The matter is remitted back to the Appellate Tribunal for considering and deciding the appeal preferred by the petitioner on merit in accordance with - 2 - law. The Appellate Tribunal will decide the appeal within the statutory period after issuing proper notice to all concerned. Petitioner will produce order passed by this Court before the Appellate Tribunal and on that basis the appeal will be considered and decided by the Appellate Forum. (Mridula Mishra,J.) A.Kumar