IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15435 of 2009 Sarita Kumari, wife of Shashi Bhushan Mahto, resident of village + P.O. Jay Prakash Nager, P.S. + District Khagaria……………………….Petitioner Versus 1. The State Of Bihar. 2. The Secretary/Commissioner, Human Resources Department, Bihar, Patna. 3. The Principal Secretary, Human Resources Development Department, Bihar, Patna. 4. The Director, Secondary Education, Bihar, Patna. 5. The Regional Deputy Director (Education) Munger. 6. The District Magistrate, Khagaria. 7. The Chairman, Zila Parishad, Khagaria. 8. The District Education Officer cum Secretary, Zila Parishad, Khagaria 9. Sri Yogendra Paswan, the Chairman Madhyamik Teachers Panel Nirman Sammitti Khagaria-cum- District Teacher Selection Appellate Authority, Khagaria…………………………..……Respondents ----------- For the Petitioner: Mr. Sheel Bhadra Jha, Advocate For the State: Mr. Mohan Kumar Singh, A.C. to S.C. No.I 3 28.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application challenging the order of the Appellate Authority dated 05.08.2009 as contained in Annexure-3. By this order, the appeal of the petitioner was rejected on the ground that she had not submitted her consent letter although her name was included in the provisional merit list. 2 Learned counsel for the petitioner submits that question of furnishing a consent letter arises only when appointment letter is issued to the candidate. Since interpolation was made in the provisional merit list due to which petitioner was denied appointment, there could be no question of furnishing consent letter. The submission of the learned counsel for the petitioner appears to be correct. The writ application was filed on 12.11.2009 but till today, no counter affidavit has been filed. In the circumstances, the writ application is allowed. The order of the Appellate Authority dated 05.08.2009 passed in Appeal No.205-01/09 is set aside. The matter is remitted back to the Appellate Authority to consider whether petitioner, as per her ranking in the provisional merit list, was entitled for appointment or not. If she was entitled for appointment, as per the said merit list, the Appellate Authority shall offer order for extending of appointment to the petitioner, obtain her consent and direct for her appointment 3 and acceptance of her joining. Order in this regard must be passed by the Appellate Authority within two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)