IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1104 of 2009 DHRUVA KANT JHA Versus THE STATE OF BIHAR & ORS ----------- 3. 23.03.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 13.12.2008 of the District Teachers Appointment Appellate Authority as communicated and implemented by the order dated 22.12.2008 by which the service of the petitioner as Panchayat Primary teacher has been terminated. It is the specific case of the petitioner that in pursuance of appointment as Shiksha Mitra on contract basis for 11 months and renewed thereafter, he acquired the status of a Panchayat teacher under clause 20 of the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006. In pursuance of alleged grievance made by one Ajit Kumar Pathak, the appellate authority set aside the order of appointment of the petitioner and has directed the appointment of Ajit Kumar Pathak. Ajit Kumar Pathak has not been impleaded as party Respondent in the writ petition. However, counter affidavit has been filed on behalf of the official Respondents. It is stated at paragraph 20 of the writ petition that these orders have been passed without hearing the petitioner or notice to him. This fact has not been denied in the counter affidavit. From the impugned order also, it appears that the 2 petitioner was neither noticed nor heard. The impugned orders are, therefore, not sustainable in their present form. Since the petitioner has chosen not to implead Ajit Kumar Pathak as party Respondent, this Court finds it difficult to set aside the impugned order to his prejudice in his absence. The writ application is, therefore, disposed with liberty to the petitioner to file a representation before the appellate authority which shall then proceed to rehear the matter afresh and after hearing all concerned pass appropriate orders in accordance with law. At this stage, learned counsel submits that the appellate authority may also be directed to appropriately consider the assertion of the petitioner that four vacant posts of Panchayat teacher in the Panchayat Raj Chorout (North) in unreserved category, two of which are for male candidates, exists and on which the petitioner may also be considered. Let such consideration be done by the appellate authority within a maximum period of 12 weeks from the date of receipt and/or presentation of such representation along with a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)