IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8411 of 2010 1. MAHESH THAKUR S/O LATE YUGAL KISHORE THAKUR R/O VILL CHAK MAHADDIN, P.O.JANDAHA, P.S.JANDAHA, DISTT-VAISHALI AT HAJIPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR , PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE VAISHALI AT HAJIPUR, DISTT-VAISHALI AT HAJIPUR 5. THE DISTRICT TEACHER APPOINTMENT APPELLATE TRIBUNAL VAISHALI AT HAJIPUR, DISTT-VAISHALI AT HAJIPUR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION VAISHALI AT HAJIPUR, DISTT- VAISHALI AT HAJIPUR 7. THE BLOCK TEACHERS APPOINTMENT COMMITTEE JANDAHA BLOCK THROUGH THE PRAMUKH-CUM-THE CHAIRMAN OF APPOINTMENT COMMITTEE, P.O.& P.S.JANDAHA, DISTT-VAISHALI AT HAJIPUR 8. THE BLOCK EDUCATION EXTENSION OFFICER-CUM-SECRETARY, BLOCK TEACHERS APPOINTMENT COMMITTEE JANDAHA, DISTT-VAISHALI AT HAJIPUR 9. SURENDRA RAI S/O LATE AMIR RAI R/O VILL & P.O. SARMASTPUR, P.S.MAHNAR, DISTT-VAISHALI AT HAJIPUR ----------- 2 23.07.2010 The petitioner assails the order passed by the District Teachers Appointment Appellate Tribunal, Vaishali dated 09.10.2009. By the aforesaid order, the Tribunal has noted that there were several sets of registers that were maintained for making attendance at the time of counselling, some authenticated, some privately maintained. After counselling, large numbers of persons were shown as not turned up for counselling. They immediately individually approached the Tribunal and complained that from some, signatures were taken on the authenticated register, from some, on privately maintained register and, thus, they were shown absent from counselling. The officials were repeatedly noticed but they failed to cooperate in the matter with the Tribunal and produced the records before the Tribunal. In that view of the matter, Tribunal set aside the entire merit list prepared consequent to counselling and directed re- 2 counselling on a pre-fixed date with due publicity and information to all the applicants. In view of the facts aforesaid, I am not inclined to interfere in the matter. The order requires no interference. The petitioner must face the fresh counselling where Teachers would be selected on merit rather than on default. Writ petition is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)