IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.245 of 2010 Annu Sharma W/o Birendra Kr. Sharma, resident of Mathopur, P.O. Anjanakot, P.S. Motipur, District Muzaffarpur, presently posted as Panchayat Teacher in Primary School, Mathopur, Block Motipur, District Muzaffarpur…………………………………………………..Petitioner Versus 1. The State Of Bihar. 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Magistrate, District Muzaffarpur. 4. The Member, District Teacher Employment Appellate Authority, Muzaffarpur. 5. The District Superintendent of Education, District Muzaffarpur. 6. The Block Development Officer, Block Motipur, District Muzaffarpur. 7. The Block Education Extension Officer, Motipur, District Muzaffarpur. 8. Umesh Kumar, Mukhiya Gram Panchayat Raj Bariyarpur (East) Motipur, District Muzaffarpur. 9. Kameshwar Prasad Sinha, Panchayat Secretary, Gram Panchayat Raj Bariyarpur (East) Motipur, District Muzaffarpur………………………………………….…..Respondents ------ For Petitioner:Mr.Yugal Kishore,Sr. Advocate Mr.Shashi Bhushan Singh, Advocate For the State: Mr.Birendra Kumar, A.C. to S.C.12 For Respondents 8 & 9: Mr. Nirmal Kr. Sinha, Advocate For Intervenor: M/s Rajeev Ranjan& Bela Singh, Advocates 4 16.12.2011 Heard learned senior counsel for the petitioner as well as learned counsel for the respondents and also learned counsel for the intervenor. By the impugned order dated 25.11.2009 2 as contained in Annexure-6, the Appellate Authority, after examining the entire records in connection with the selection process in respect of appointment of Panchayat Teachers in the Panchayat on the complaints of Panchayat Secretary and the present Mukhiya, has found that there were gross irregularities in the process in preparation of the merit list of the candidates. Hence, it has set aside the entire selection process and has directed for preparation of fresh merit list under the supervision of any senior officer authorized by the Collector. In the process of hearing, the Appellate Authority had heard the earlier Panchayat Secretary also. The order shows that the Appellate Authority had examined the entire records and come to a definite finding with regard to gross irregularities committed in the selection process. However, learned senior counsel for the petitioner has seriously challenged the said finding and submits that the records were not correctly perused by the Appellate Authority and the entire records were not 3 produced before it by the present Mukhiya and Panchayat Secretary, who were complainants and were only interested in getting the entire selection process and the appointments made cancelled. He also submits that the previous Panchayat Secretary who appeared was not in possession of the entire records and hence, he could not properly assist the Appellate Authority. Hence, he submits that if the petitioner is allowed to appear before the Appellate Authority and is allowed to produce the records, copies of which have been produced on the records of this case, he will be in a position to satisfy the Appellate Authority that the entire selection process was valid and in accordance with law. It is submitted that since the appointed teachers and particularly petitioner were not given any notice before the process was set aside and their appointments were cancelled, there was violation of Principles of Natural Justice. Considering the submissions of the learned senior counsel for the petitioner, this Court considers it appropriate that the 4 petitioner should be given one opportunity by the Appellate Authority to satisfy it with regard to validity of the process adopted by the Panchayat for appointment of petitioner and others. Therefore, petitioner is directed to appear before the Appellate Authority within four weeks from today. If she does so, the Appellate Authority shall fix a firm date for hearing her and for production of records by her or her representative. If necessary, the Appellate Authority will also issue notice to the present Panchayat Secretary, Mukhiya and any other appointees, for their appearance on that date, with whatever records they choose to produce. The entire records of the case will be examined by the Appellate Authority in the presence of all the parties and final orders shall be passed in accordance with law by the Authority positively within one month from the date of appearance of petitioner before the Appellate Authority. It is made clear that even if the parties do not co-operate, the Appellate Authority shall pass final orders on the basis of the records, as may be made 5 available to it by any of the parties. Till final orders are passed, the interim order passed by this Court in this case shall continue. An interlocutory application bearing I.A.No.7575 of 2010 has been filed by one Kumkum Kumari, who was not appointed in the selection process in which petitioner was appointed, claiming that she had been filing objections and complaints before the Appellate Authority from the very beginning. However, her complaint was not entertained and looked into by the Authority. In the hearing which the Appellate Authority shall hold, the said Kumkum Kumari will be at liberty to appear and present her case. The interlocutory application is, accordingly, disposed of. This writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)