IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14135 of 2010 1. SIMA KUMARI W/O RANDHIR SINGH RESIDENT OF VILLAGE - RUPASPUR , P.O - GOSAI MATH , P.S- CHANDI , DISTRICT – NALANDA .................................Petitioners Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT , GOVERNMENT OF BIHAR , PATNA. 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, NALANDA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA. 5. THE BLOCK DEVELOPMENT OFFICER, CHANDI, DISTRICT - NALANDA. 6. THE MUKHIYA, GRAM PANCHAYAT RAJ-GANGOURA, BLOCK - CHANDI, DISTRICT- NALANDA. 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ-GANGOURA, BLOCK-CHANDI, DISTRICT-NALANDA. 8. SRI PRIYARANJAN, TEACHER, PRIMARY SCHOOL, RUPASPUR, P.S- CHANDI, DISTRICT-NALANDA. 9. THE MEMBER, THE DISTRICT APPOINTMENT APPELLATE AUTHORITY, NALANDA----------------------RESPONDENTS ----------- 2 18.4.2011 Heard learned counsel for the parties. Annexure-7 is the order dated 27.8.2009 by virtue of which the application of the petitioner which was registered as Appeal No. 1442 of 2009 has been rejected on the ground that the petitioner failed to file her application within 30 days of the counselling. Learned counsel for the petitioner is correct in making a submission that the appellate authority has misread the provision with regard to statute of the appellate authority in terms of the Resolution No. 3153 dated 25.8.2008. As per clause 2(ii) of Teachers Appointment Rules 2008, 30 days time has been fixed for adjudication of the claim and not for filing the claim in such cases. This is a good enough ground for setting aside the impugned order. This writ application is allowed. Matter is - 2 - remitted back to the appellate authority, Nalanda that he will now hear the appellant on merit of the case and decide the issue. The appellate authority would be well advised to apprise himself of all the rules and regulations and the terms and conditions of the establishment so that the similar orders are not passed by them contrary to the laid down procedure in this regard. RPS (Ajay Kumar Tripathi,J.)