IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17318 of 2010 1. SUNITA DEVI @ SUNITA KUMARI W/O SRI SANJAY KUMAR R/O VILL.- HORIL BIGHA, P.O.- JOGIPUR, P.S.- HILSA, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NALANDA 3. THE DISTRICT EDUCATION SUPERINTENDENT, NALANDA 4. THE SUB-DIVISIONAL OFFICER HILSA, DISTT.- NALANDA 5. THE BLOCK EDUCATION OFFICER, HILSA, DISTT.- NALANDA 6. THE BLOCK DEVELOPMENT OFFICER, HILSA, DISTT.- NALANDA 7. ANJANI KUMAR, MUKHIYA OF ASHARHI GRAM PANCHAYAT BLOCK- HILSA, DISTT.- NALANDA 8. KAMESHWAR PRASAD, PANCHAYAT SEWAK GRAM PANCHAYAT ASHARHI, BLOCK- HILSA, DISTT.- NALANDA ----------- For the petitioner: Mrs. Sheela Sharma & Mr. Shivendra Kumar Roy. For the State : Mr. Rabindra Kumar Choudhary, SC-8. ---- 02. 12.5.2011 It is the stand of the petitioner that her case is covered by the decision rendered in LPA No. 273 of 2011 decided on 5.4.2011. Petitioner is one of the persons who came to be removed from the post of a Panchayat teacher because Mukhiya in question adopted his own way of appointing teachers by holding a written examination and drawing up a list of candidates on merit contrary to the laid down rules and procedures prescribed under 2006 Rules. However, the Division Bench has already held such appointments to be not illegal in view of the fact that there was no misrepresentation or fraud on the part of the candidates and the order was not to be treated as a precedent. In view of the decision of the Division Bench, this 2 Court allows the writ application, quashes the order of termination contained in Annexure-13/2 dated 6.11.2007. Respondents are directed to reinstate the petitioner. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)