IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7066 of 2010 1. BAIDAYANATH YADAV S/O SHRI BADRI NARAIN YADAV R/O VILLAGE, P.O. AND BLOCK- ALI NAGAR, VIA- KURSOAN NADIYAMI, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE COMMISSIONER, DARBHANGA DIVISION, DARBHANGA 4. THE DISTRICT MAGISTRATE, DARBHANGA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION DARBHANGA 6. THE BLOCK DEVELOPMENT OFFICER ALI NAGAR, DISTT.- DARBHANGA 7. THE GRAM PANCHAYAT RAJ, ALI NAGAR THROUGH BLOCK- ALI NAGAR, DISTT.- DARBHANGA 8. THE MUKHIYA, GRAM PANCHAYAT RAJ ALI NAGAR, BLOCK- ALI NAGAR, DISTT.- DARBHANGA 9. ARUN KUMAR S/O RAM SARAN SAH R/O VILL.- PIRHAULI, P.O. AND BLOCK- ALI NAGAR, VIA- KURSOAN NADIYAMI, DISTT.- DARBHANGA ----------- 2 19/01/2011 The findings are there of the District Teachers Appointment Appellate Authority as to the circumstance under which petitioner did not appear for counseling and that is the reason why the private respondent came to be appointed. He does not deny also the fact that the petitioner was selected or appointed as a Gram Sachiv. This may be a circumstance under which he was in two minds whether to go for counseling for Panchayat - 2 - teacher or not. The plea being raised now is misplaced. There is no infirmity in the decision of the Appellate Authority. This writ application is dismissed accordingly. AMIN/ (Ajay Kumar Tripathi, J.)