IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17978 of 2011 Naqui Ahmad Son of Shabbir Ahmad, resident of Village- Hassanpur Ganghty, P.S. Garaul, District- Vaishali. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. District Education Appellate Authority, Vaishali at Hajipur. 3. The District Education Officer, Vaishali, Hajipur. 4. Block Development Officer, Bhagwanpur, Vaishali. 5. Block Education Extension Officer, Bhagwanpur, Vaishali. ---------------------------------- 2. 14.10.2011 Heard Mr. Gajendra Kumar Jha, learned counsel for the petitioner and Mr. Manoj Kumar A.C. to S.C. 6 for the respondents. The petitioner is aggrieved by part of the order dated 2.7.2011 of the District Education Appellate Authority, Vaishali as contained in Memo No. 730 dated 2.7.2011 by which even though after appreciating the contention of the petitioner no positive order has been passed and the District Education Officer has been directed to Act in accordance with the Government circular. Learned counsel submits that the whole order gives sound reasons upholding the contention of the petitioner with regard to his eligibility for getting the employment in question but the appellate authority has not passed any positive order and sending the 2 matter back to the District Education Officer was not justified or in accordance with law especially in light of Government Circular No. 207 dated 21.2.2011 issued by the Human Resources Development Department, Government of Bihar, Patna. He submits that in the said circular the specific power has been given to the appellate authority to pass orders in the facts and circumstances of each case which includes the present case also. He further submits that after having come to a positive finding that the petitioner was entitled to the relief he had sought, but still not passing an order to that effect and leaving it to the District Education Officer to do so was not proper. This Court finds substance in the submissions made by learned counsel for the petitioner. Accordingly, the portion of the order impugned by which the District Education Officer, Vaishali, Hajipur has been asked to pass appropriate order is set aside and the matter is remanded back to the appellate authority to pass a positive order with regard to the claim of the petitioner in light of the discussions made in the order itself. The appellant authority should pass such order within four weeks from the date of 3 receipt/production of a copy of this order upon it. With the aforementioned observations and directions the writ petition stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)