IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.422 of 2010 1. MUKESH KUMAR S/O SRI AKHILESH PRASAD R/O VILL.- MOHAMMADPUR, P.O.- SHIV MOHAMADPUR, P.S.- MARHAWRAH, DISTT.- SARAN. VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 3. THE COMMISSIONER SARAN DIVISION, CHAPRA 4. THE DISTRICT MAGISTRATE SARAN, CHAPRA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION SARAN, CHAPRA 6. THE BLOCK DEVELOPMENT OFFICER MARHAWRAH, SARAN, CHAPRA 7. THE BLOCK EDUCATION EXTENTION OFFICER MARHAWRAH, SARAN, CHAPRA 8. THE DISTRICT TEACHER APPOINTMENT (APPELLATE PRADHIKAR) SARAN, CHAPRA THROUGH ITS MEMBER 9. THE MUKHIYA, GRAM PANCHAYAT RAJ GAURA BLOCK MARHAWRAH, DISTT.- SARAN, CHAPRA 10. PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ-GAURA, BLOCK- MARHARWAH, DISTT.- SARAN, CHAPRA 11. KAMESHWAR PRASAD RAY S/O LATE SHIV NATH RAY R/O VILL.- CHANDA, P.O.- TEJPURWA, P.S.- MARHAWRAH, DISTT.- SARAN, CHAPRA ----------- For the Petitioner : Mr. Md. Anis Akhtar. Mr. Arif Siddiqi. For the State : G.P.-13. For the Respondent no.11 : Mr. Shrikant Pandey. For the Respondent nos.9&10: Mr. Ashok Jung Bahadur. ------------- 03 15.07.2010 I.A. No.2634 of 2010 has been filed by respondent no.11 for vacating the interim order as passed on 29.01.2010. Having heard the parties, in my view, there is no point in keeping the writ petition pending. As all the parties have been appeared and heard, with their consent, the writ petition is being disposed of at this stage itself. Petitioner was selected for the post of Panchayat - 2 - Teacher. Respondent no.11 who was also a handicapped person felt aggrieved and moved the Appellate Tribunal. The Appellate Tribunal set aside the appointment of petitioner, which has brought the petitioner to this Court. The grievance of the petitioner is that though the Appellate Tribunal set aside the petitioner’s appointment, respondent no.11, the applicant before the Tribunal, made the writ petitioner a party, but the Tribunal without issuing notice to the writ petitioner and without granting a liberty of hearing to the petitioner set aside his appointment. The fundamental principle of natural justice was grossly violated and, as such, the order of the Tribunal is void ab initio. These facts are not in dispute. In the aforesaid facts as stated above, I have no option but to set aside the order of the Tribunal as impugned and remand the matter to the Tribunal for a fresh hearing. Upon petitioner filing a copy of an order of this Court before the Tribunal, the Tribunal would fix a date of hearing. No notice be issued to the petitioner in regard to the proceedings before the Tribunal. The parties would cooperate and Tribunal would endeavour to decide the proceedings after calling for all relevant records and hearing the parties in accordance with law within a period of three months from today. This writ petition is, accordingly, disposed of. Trivedi (Navaniti Prasad Singh, J.)