IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9035 of 2010 DHEERAJ KUMAR, S/O DHARMNATH SAH, R/O VILLAGE TARAINIA , P.O. KUKRAUN, NO.2, P.S. DHAMDAHA,DISTRICT- PURNEA. VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,GOVT. OF BIHAR,PATNA. 2. THE DIRECTOR,PRIMARY EDUCATION, GOVT. OF BIHAR,PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION,DISTRICT- PURNEA. 4. THE BLOCK DEVELOPMENT OFFICE, DHAMDAHA BLOCK,DISTRICT- PURNEA. 5. THE BLOCK EDUCATION EXTENSION OFFICER, DHAMDAHA BLOCK,PURNEA. 6. AJAY KUMAR, S/O LATE TRIVENI PRASAD MEHTA VILLAGE & P.O. CHANDRAHI, P.S. DHAMDAHA, DISTRICT- PURNEA. ----------- 02 06.08.2010 Petitioner’s grievance is against the order of the District Teachers Appointment Appellate Authority, Purnea in Appeal No.293 of 2009 being order dated 24.04.2010. Petitioner had been selected on ground of physically handicapped as a Panchayat Teacher. Upon the selection being challenged, even though belatedly, petitioner was noticed to give statement before the Appellate Authority for which he appeared but he was not made party nor was he permitted to file his objections before the Appellate Authority. He was also not heard by the Authority. His appearance before the Authority was only for the purpose of making his statement. Mr. N.K. Agrawal, learned Senior Counsel has relied on an earlier judgment of this Court dealing with this issue being C.W.J.C. No.9597 of 2010 disposed of on 08.07.2010, which case - 2 - was disposed of with reference to the law laid down in the case of S.L. Kapoor Vs. Jagmohan & Ors. since reported in AIR 1981 Supreme Court 136. Apparently, the facts being similar, I have no option but to set aside the impugned order and remand the matter to the Appellate Authority to hear the petitioner and decide the matter afresh within a period of one month after noticing all parties necessary in this regard. With these observations and directions, the writ petition stands disposed of. Trivedi (Navaniti Prasad Singh, J.)