IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16332 of 2006 KAVITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 7 07.11.2009 Petitioner has filed this writ application for quashing of an order dated 13.5.2005 passed by the respondent no. 6, Mukhiya, Gram Panchayat Raj, Rahimpur Madhya, Khagaria by which respondent no. 7 has been selected for appointment as Panchayat Shiksha Mitra. Earlier notices were issued in the case and respondent nos. 6 and 7 have appeared and have filed their counter affidavit. The other officials are being represented by learned State counsel who have also file their counter affidavit. Contention of petitioner is that in the appointment, the case of petitioner was ignored and respondent no. 7 was appointed, although petitioner had higher marks in Intermediate than respondent no. 7 and had higher qualification of graduation also. The respondents have filed counter affidavit, in which, in sum and substance, it is stated that, as the respondent no. 7 was given equal weightage for his Intermediate qualification, he was appointed on the basis of 2 his age. In addition respondent no. 7 has also taken a plea that petitioner’s higher qualification was not mentioned in his application. Petitioner, in reply, has stated that there was interpolation in the records and the original application of the petitioner was substituted by a fake application. The matter requires verification of original records. Therefore, this Court feels it proper that the matter be examined by the concerned Appellate Authority, namely, District Teachers Employment Appellate Authority, Khagaria at an early date. Since all the parties have appeared, and they agree, this Court fixes 21st November, 2009 as a date on which all the parties shall appeared before concerned Appellate Authority at 10.30 AM with their pleadings and documents. After receiving the pleadings and documents the Appellate Authority shall either hearing the parties on the same day or, with the agreement of the parties, shall fix up a firm date for final hearing of the matter, which will not be beyond 15 days from 21st of November, 2009. On such agreed 3 date, the Appellate Authority shall hear all the parties and finally conclude the matter and thereafter shall pass reasoned order within 15 days from the date of such hearing. The Appellate Authority shall consider all the pleadings of the respective parties and the documents placed by them for consideration and judgments of this Court as may be applicable in their cases, if filed. The reasoned order must reflect the consideration of all the materials placed on record before the Appellate Authority. Arvind/ (J. N. Singh, J.)