IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2128 of 2010 SUBHASH KUMAR S/O SHRI BALIRAM SINGH R/O VILL ADHARBIGHA, P.S.KHUDWAN,DISTT-AURANGABAD Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE AURANGABAD. 3. THE DEPUTY DEVELOPMENT COMMISSIONER AURANGABAD. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM- DISTRICT PROGRAMME COORDINATOR, SARB SHIKSHA ABHIYAN AURANGABAD. 5. THE BLOCK EDUCATION DEVELOPMENT OFFICER OBRA,DISTT-AURANGABAD. 6. THE BLOCK DEVELOPMENT OFFICER OBRA, DISTT- AURANGABAD. 7. ANAND KUMAR S/O INDRADEV BHAGAT R/O VILL CHATAR TOLA, MACHINGANJ, P.S.KHUDWAN DISTT- AURANGABAD. 8. RAMREKHA YADAV S/O MUNARIK YADAV R/O VILL MALWAN,P.S.KHUDWAN. DISTT-AURANGABAD 9. ARBIND KUMAR SINGH S/O SHRI KAPILDEO SINGH R/O VILL CHATTAR, P.O.MALWAN,P.S.KHUDWAN,DISTT- AURANGABAD. 10. BABITA KUMARI W/O KANCHAN KUMAR R/O VILL CHATTAR TOLE CHHATARPUR, P.O.MALWA, P.S.KHUDWAN, DISTT-AURANGABAD. 11. BHOLA KUMARI S/O SHRI RAM NARESH SINGH R/O VILL CHATTAR,P.S.KHUDWAN,DISTT-AURANGABAD. 12. SHAKUNTLA KUMARI W/O ASHOK KUMAR R/O VILL ABDULPUR,P.S.KHUDWAN,DISTT-AURANGABAD. 13. GEETA KUMARI W/O DIGVIJAY KUMAR R/O VILL MALWAN,P.S.KHUDWAN. DISTT-AURANGABAD. 14. RAMESH PASWAN S/O RAJNANDAN PASWAN R/O VILL LASHRA, P.S.KHUDWAN ,DISTT-AURANGABAD. 15. THE DISTRICT TEACHER APPOINTMENT APPELLATE TRIBUNAL AURANGABAD. With CWJC No.2274 of 2010 1. DINANATH KUMAR S/O SHRI RADHA SINGH R/O VILL- LAHASHA, P.S KHUDWAN, DISTT- AURANGABAD. 2. SANJU KUMARI W/O BALDEEP SINGH R/O VILL- RAGHU BIGHA, PS. KHUDWAN, DISTT- AURANGABAD. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, AURANGABAD. 3.THE DEPUTY DEVELOPMENT COMMISSIONER, AURANGABAD. 2 4. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM- DISTRICT PROGRAMME COORDINATOR, SARB SHIKSHA ABHIYAN, AURANGABAD. 5. THE BLOCK EDUCATION DEVELOPMENT OFFICER, OBRA, DISTT- AURANGABAD. 6. THE BLOCK DEVELOPMENT OFFICER, OBRA, DISTT- AURANGABAD. 7. ANAND KUMAR S/O INDRA DEV BHAGAT R/O VILL- CHATAR TOLA, MACHINGANJ, P.S - KHUDWAN, DISTT- AURANGABAD. 8. RAMREKHA YADAV S/O MUNARIK YADAV R/O VILL- MALWAN, P.S KHUDWAN, DISTT- AURANGABAD. 9. ARBIND KUMAR SINGH S/O SHRI KAPILDEO SINGH R/O VILL- CHATTAR, PO- MALWAN, P.S-KHUDWAN, DISTT- AURANGABAD. 10. BABITA KUMARI W/O KANCHAN KUMAR R/O VILL- CHATTAR TOLE CHHATARPUR, PO- MALWA, P.S KHUDWAN, DISTT- AURANGABAD. 11. BHOLA KUMAR S/O SHRI RAM NARESH SINGH R/O VILL- CHATTAR, P.S- KHUDWAN, DISTT- AURANGABAD. 12. SHAKUNTAL KUMARI W/O ASHOK KUMAR R/O VILL- ABDULOPUR, P.S KHUDWAN, DISTT- AURANGABAD. 13. GEETA KUMARI W/O DIGVIJAY KUMAR R/O VILL- MALWAN,P.S KHUDWAN, DISTT- AURANGABAD. 14. RAMESH PASWAN S/O RAJNANDAN PASWAN R/O VILL- LASHRA, P.S KHUDWAN, DISTT- AURANGABAD. 15. THE DISTRICT TEACHER APPOINTMENT APPELLATE TRIBUNAL AURANGABAD. ______ 02. 03.12.2010 Common claim in both the writ applications is that the District Appellate Tribunal has disposed of the appeal in terms of the earlier direction of the High Court issued in CWJC No.788 of 2007, which is the case of Arbind Kumar Singh and others v. The State of Bihar and others, without considering the claim of these three petitioners in any manner. Reading of the order would show that there is no discussion so far as their status or claim with regard to the appointment in question is concerned. The Court has been taken through the entire order and to that extent the Court is in agreement with the senior counsel for the 3 petitioners that there is no discussion with regard to these petitioners in the order and therefore, the Court is also at loss as to what is the basis on which the claim of these three petitioners has not been entertained. The matter is ,therefore, remanded back to the Appellate Tribunal with a direction that they will pass a separate order with regard to the claim of these three petitioners giving reasons, in addition to the order dated 26.11.2009 which has already been recorded. The Court expects that early decision will be taken in this regard, preferably, within three months from the date of communication / production of a copy of this order. Both the writ applications are disposed of with above direction. rkp ( Ajay Kumar Tripathi, J.)