IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14802 of 2009 1. SANJAY SHARMA S/O RAMNATH SHARMA VILL- JOGNI PARSA, P.O. PARJA JOGNI, P.S. BHELDI, DISTT. SARAN ………….PETITIONER. 1. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR CUM DISTRICT MAGISTRATE SARAN AT CHAPRA 3. THE SUB-DIVISIONAL EDUCATION OFFICER CHAPRA (NORTH), SARAN 4. THE CHAIRMAN NAGAR PARISHAD, MARHAURA, SARAN 5. THE BLOCK EDUCATION EXTENSION OFFICER MARHAURA, SARAN 6. THE APPELLATE DISTRICT TEACHER EMPLOYMENT SARAN THROUGH ITS SECRETARY. ………….RESPONDENTS. For the petitioner : Mr. Nadim Seraj, Adv. Mr. Shailesh Kumar, Adv. For the State : Mr. Kinkar Kumar, AC to G.P. 21. ----------- 2/ 10.02.2010 Heard counsel for the petitioner and the State. Petitioner’s prayer is for quashing of order contained in Letter No. 363 dated 26.06.2009 issued by the Appellate Tribunal District Teachers Employment, Saran at Chapra, whereby the counselling of Nagar Panchayat Shikshak, 2008 of Nagar Panchayat, Marhaura has been cancelled and for a direction to revive the selection process, which has already been completed, and, thereafter, cancelled. It seems that some objections were filed before the Tribunal, regarding the selection process. The Tribunal called for some information from the concerned Sub-Divisional Education Officer. Since information was not supplied the tribunal cancelled the counselling of Nagar Panchayat Shikshak, 2008. Subsequently, the Sub-Divisional Education Officer filed an application for revival of the counselling, stating that the objection which were filed before the Tribunal was not relevant. The counselling was done as per the - 2 - guidelines and rules. The request made by the District Education Officer to review its’ earlier order has been rejected by the Tribunal on the ground that it is not vested with review jurisdiction. The subsequent order passed by District Teachers Employment Appellate Tribunal (Annexure-8) dated 06.08.2009 contained in Memo No. 446, is quashed. The matter is remanded to the District Teachers Employment Appellate Tribunal, Saran at Chapra, for passing fresh order considering the letter dated 25.07.2009 contained in Memo No. 219, submitted by the Sub-Divisional Education Officer, Chapra, before the Tribunal in the matters of cancellation of counselling. The order must be passed by the Appellate Tribunal within four weeks from the date of production/communication of the order, before giving proper notice to such persons who have filed such objections. Sanjeet/ (Mridula Mishra, J.)