IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5665 of 2009 PRABHA PUSHPAM Versus THE STATE OF BIHAR & ORS ----------- 2. 04.05.2009 Heard learned counsel for the petitioner and the State. The petitioner filed application under Rule 18 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2008 before the Deputy Development Commissioner, aggrieved by denial of appointment on the post of Block teacher. The appointment of one Saba Faraha after hearing her was consequently set aside in favour of the petitioner. Later she approached the appellate authority. The petitioner was not impleaded as a party. The appellate authority set aside the order of Deputy Development Commissioner. The petitioner has chosen not to implead the aforesaid candidate as party Respondent in this writ application. The writ application is bad for non-joinder of necessary party and is fit to be dismissed on that ground alone. The grounds for termination stated in the impugned order do not even find a whisper of challenge in the stand of the petitioner in the writ application. This Court finds substance in the challenge in the writ application only to the extent that the order was ex parte in nature affecting the petitioner without hearing her. The application is disposed with the observation that if the petitioner moves before the appellate authority, it shall proceed to consider the matter afresh in accordance with law after hearing all concerned. AKS/ (Navin Sinha, J.)