IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12587 of 2010 1. SURENDRA PRASAD SINGH S/O LATE SURESH PRASAD SINGH R/O VILL.- BABHANIA, P.O.- LAXMIPUR BABHANIA, P.S.- KOHALGAON, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BHAGALPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR 5. THE BLOCK DEVELOPMENT OFFICER, KAHALGAON, DISTT.- BHAGALPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER, KAHALGAON, DISTT.- BHAGALPUR 7. THE MEMBER, DISTRICT TEACHER'S APPOINTMENT APPELLATE AUTHORITY, BHAGALPUR 8. THE SUBDIVISIONAL OFFICER, KAHALGAON, BHAGALPUR With CWJC No.12393 of 2010 1. SIDHYARTH SHANKAR S/O LATE JAUHARI MANDAL R/O VILL BAIRIYA, P.O.SHANKARPUR CHAUBANIA, P.S.NATHNAGAR, DISTT-BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE BHAGALPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION BHAGALPUR 5. THE BLOCK DEVELOPMENT OFFICER KAHALGAON, DISTT-BHAGALPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER KAHALGAON, DISTT-BHAGALPUR 7. THE MEMBER, DISTRICT TEACHER'S APPOINTMENT APPELLATE AUTHORITY BHAGALPUR 8. THE SUBDIVISIONAL OFFICER KAHALGAON, BHAGALPUR ----------- 02. 31.03.2011 Both the writ applications arise out of a common order which is the order of District Teachers Employment Appellate Authority, Bhagalpur dated 9.6.2010. By virtue of this 2 order the appellate authority has given a categorical direction not only to register an FIR against the Panchayat Secretary for interpolations in the official records in matter of appointment of Panchayat Teachers specially the untrained category but has also given a direction for fresh appointment on cancellation of the earlier appointments. Submission of the counsel representing the petitioners is that the appellate authority has come to a wrong conclusion by not taking the issue into consideration in the entirety of the facts and situation. He has brought certain evidence to show that one of the grounds to consider for interference is with regard to non-giving of opportunity to one Purushottam Dubey, who was also a complainant in the matter concerned. There is material to show from record, brought by the petitioner that he is not a resident of the Panchayat and therefore his case could not be considered. On that aspect this Court can only say that Purushottam Dubey has not been made party nor any person has been made party to the present writ application and non – impleadment of necessary party is by itself fatal for maintenance of the writ application as such. But even ignoring such a vital legal and technical fault on the part of the petitioner, this Court has gone through the entirety of the order. The appellate authority has dealt with all the interpolations and forgery which has been committed by the Panchayat Secretary in 3 the records which were produced before him for verification. In fact there is also indication that appointed teachers refused to appear before the appellate authority to place their case except for one person which is evident from reading of the order at page 39. The findings are categorical that appointments were made by fraud and interpolation of records. If that be so, there is no occasion for this Court to upturn such a finding with regard to the allegations made by the petitioners in the writ applications, specially when such submissions had not been made or a stand being taken before the appellate authority. If the petitioners chose not to defend themselves which, in the opinion of the Court, may have been indefensible, then the High Court is not the forum where the matter will be re-adjudicated, re-looked or re-heard on the merits, as such. In absence of any legal infirmity or otherwise, this Court refuses to interfere with such clear and categorical findings with regard to the manner in which such appointments have been made. Writ applications have no merit. They are dismissed. rkp ( Ajay Kumar Tripathi, J.)